Since then, Bodaghi had been promoted 4 times, until in 1992 when he was reallocated at the position of Administrator I which increased his grade from 87 to 95. This meant a big raise and much more authority to Bodaghi. He was told by personal analyst of the Department that for the position, if there are less than 4 applicants, the incumbent will be given the job without any tests or examinations. However, in 1993, Vezzani issued a notice for applications to the position and encouraged employees to apply even if they did not satisfy the criteria for the job. Moreover, when Bodaghi approached Vezzani with his concerns about his position, Vezzani insisted that he try to do his very best in the examination and beat the other contenders. Although only 3 applicant applied for the position, the examinations were still held and an extensive test was also taken which was against the previous policy of the Department. The interview with the panel consisted of Vezzani along with two members from his “good guy club” (as testified by one of the employees), among the total 4 members. At the end, the panel decided to award the position to DeVore, an applicant from Greeley while Bodaghi was given a notification letter for his termination in the following April to which he switched his position to another division. He also filed a complaint against the Department in time for a prima facie to be presented to the court for proving intentional discrimination.
Holding of the Court
The court reversed the intermediate court's judgment and reinstated the administrative law judge's decision that respondent was terminated for racial reasons. The intermediate court erred by rejecting the permissive inference of intentional discrimination as insufficient where the fact finder found the proffered reasons to be a pretext