This matter comes before me on Respondent's Motion For Summary Judgment supported by a Memorandum of Law, affidavit and exhibits. Complainant filed a Response thereto with no supporting affidavit or exhibits. Respondent filed a Reply. The motion is ripe for decision. It specifically contends the uncontroverted facts conclusively demonstrate that Complainant's race was not a factor in the termination of his employment.
Complainant contends there are issues of material fact which preclude summary decision.
Complainant particularly argues that his one comparative was not terminated despite having relatively the same rate of absenteeism and tardiness. Complainant was hired by Facility Manager John Wood, white. Respondent expects probationary employees to demonstrate their best performance and views any problems during this probationary period as a serious warning sign that continued employment might be undesirable. Within the first two weeks of his employment, Complainant was late or absent three times. He was tardy on April 18, his third day of work, and absent on April 25 and 28.