Chaline V. Kcoh

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Category: Business and Industry

Date Submitted: 11/27/2012 05:41 PM

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Page 143, question 10; the referenced case, Chaline v. KCOH, can be found in the attached file

In this appeal of an employment discrimination dispute we are the audience for a real life radio drama produced and directed by defendant-appellant Michael P. Petrizzo. The action is set at the offices of defendant-appellant KCOH, Inc. the black-oriented radio station where Petrizzo is executive vice president and general manager. In the leading role of the discharged employee is plaintiff-appellee Clarence Chaline, Jr., the former production manager at KCOH. Chaline, a white male, brought this action to challenge the allegedly racially discriminatory employment practices at KCOH. The district court held that Chaline was discharged from his position because of his race, and ordered that he be awarded back pay and reinstated as production manager. Chaline was hired as production manager at KCOH with a salary of $1200 per month. As production manager, Chaline was responsible for preparing commercial advertisements and community service announcements for air play. His job entailed writing and recording commercials as well as coordinating their broadcast. Chaline never served as a KCOH disc jockey during his tenure at the station.

KCOH then faced decreasing ratings and a low volume of billings. In order to reduce costs, appellant Petrizzo decided to make the station's production manager a permanent part-time disc jockey as well. Instead of casting Chaline in this newly created dual role, however, Petrizzo asked Chaline to make a lateral move into the station's sales department. Chaline objected to the proposed transfer, because it involved a decrease in salary and because his wardrobe and transportation were for sales work, and asked to be retained as production manager and part-time disc jockey. Upon Chaline's refusal to move into sales, his employment was terminated.

Chaline brought this action in the United States District Court for the Southern District of Texas...