to appear for court dates or other appointments with respect to the client. The two folders Henderson relinquished were in proper order and adequately maintained. Henderson did not relinquish the folder for his third and only other active case, that of Jet Chin ("Chin"). Henderson states that he retained the file because he wished to handle certain matters during his vacation. Henderson states that he told Wong of this decision and also that he would be keeping the file with him. Defendants assert that Henderson had not completed all of his files, one of which was that of Chin.
Because Henderson had retained Chin's file, YAP staff were unable to communicate with Chin or his family to discuss his status or to schedule visits. Consequently, several weeks passed in November during which YAP effectively lost contact with Chin. After some time, Bradley obtained Chin's telephone number at Wong's behest and scheduled a November 23, 1993, meeting with Chin and his family in order to determine progress in the Project and in school.
The November 23 meeting was aborted, however, because Chin's mother, through an interpreter, informed Bradley, O'Boyle, and Wong that Henderson had contacted her family the previous evening and had expressly instructed them not to discuss her son's case with anyone at CCA besides himself, particularly cautioning the family against talking with Wong. Chin's mother insisted, over O'Boyle's protestations, that she would adhere to Henderson's instructions.
Henderson denies that he gave the Chins such an instruction. Instead, he states, he received a telephone call from the Chins while he was on vacation, because they were confused and concerned about a meeting called at YAP's main office. Henderson states that because he knew nothing about the meeting, he suggested to the Chins that if they wanted him at the meeting, they should request a postponement until after Henderson's vacation.
VIII. The Haneiph Incident
YAP policy is never to accept a client into the program without personally interviewing the individual. Hecliff Haneiph ("Haneiph") was a YAP client whose case was managed by Henderson. Defendants contend that during Henderson's November vacation, Wong learned that Henderson had accepted Haneiph into the Program without an interview. Henderson states that he encountered Haneiph once at Spofford during an orientation, where they had no individual contact, and then, subsequent to having told Haneiph's mother that Haneiph had been accepted into YAP, encountered Haneiph again at Spofford, where they spoke briefly one-to-one.
At the same time, Defendants assert, Wong learned that Henderson had advocated before a court for Haneiph's release from Spofford under the false pretense that Henderson had conducted a complete investigation, purporting to have interviewed Haneiph and Haneiph's mother and attorney. On investigating the matter, Wong believed that she had determined that Henderson had never interviewed Haneiph or his attorney, had never provided Haneiph with a copy of the release plan submitted to the court, as required by YAP, and had had only cursory communication with Haneiph's mother. This misrepresentation constituted, Defendants assert, a serious breach of YAP policy, since Henderson had stated that Haneiph was suitable for release on his own recognizance without ever meeting with him. They assert that by omitting these interviews and contact and by lying to the Court, Henderson jeopardized the integrity and viability of the Program.
Henderson asserts that he had interviewed Haneiph before submitting the letter to the Court. He asserts that Wong's and O'Boyle's reliance on Haneiph's statement is misplaced, given that Haneiph was a convicted juvenile felon with reasons to lie in order to be released from detention at Spofford.
IX. The Termination
One day before he was due to return from his vacation, O'Boyle asked Henderson to come to her office. O'Boyle and Wong confronted Henderson about the Chin and Haneiph incidents. When confronted, Defendants assert, Henderson first insisted that he had interviewed Haneiph in July, although he had no recollection of any specifics of the interview. When Wong pointed out that Haneiph had not been arrested until September, assert Defendants, Henderson admitted that he had not interviewed Haneiph and had not conducted a full background investigation.
Defendants state that in light of the Haneiph and Chin incidents, of the conversation about the Haneiph incident, and, more generally, of Henderson's antagonistic relationship with Wong, Wong terminated Henderson's employment, believing that his resistance toward her had reached a level at which she could no longer work with him. Henderson states that he was given three reasons for the discharge: the Haneiph incident, the Chin incident, and Henderson's failure to follow supervision.
After Henderson's discharge, the job of DCMS was eliminated. His duties were assumed by Bradley, who is African-American, and Lopez, who is Latino.
I. Legal Standards
Title VII state's that "it shall be an unlawful employment practice for an employer to . . . discharge any individual . . . because of such individual's race, color, . . . or national origin," 42 U.S.C. § 2000e-2, or "to discriminate against any of his employees . . . because he has opposed any practice made an unlawful employment practice by" Title VII. 42 U.S.C. § 2000e-3.
42 U.S.C. § 1981(a) reads:
All persons within the jurisdiction of the United States shall have the same right in every States and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses and exactions of every kind, and to no other.
42 U.S.C. § 1983 reads:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, or any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen or the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.