he did not complain of illness of any kind, there was no cause to have him taken to the dispensary or referred to a local hospital.
For these reasons, the court finds that plaintiff failed to make out a prima facie case. Moreover, plaintiff's proof contained no evidence of purposeful or intentional discrimination.
Even assuming a prima facie case, the employer articulated a reasonable, non-discriminatory explanation for its actions. It concluded by first hand observation that plaintiff was acting as though he were intoxicated. He also smelled of alcohol. Under similar circumstances a white employee of much longer service with the company than plaintiff had been discharged without medical proof of intoxication and was not reinstated. Plaintiff, thereafter, produced no evidence showing that defendant's reason for discharge was a pretext for discriminatory treatment. Rather, the testimony of plaintiff's witness Utti, and his own, were consistent with a working atmosphere free of racial discrimination.
It is not necessary for the court to find, or for the defendant to prove, that plaintiff was, in fact, intoxicated on the night of January 29, 1976. It is sufficient only that there be a good faith belief of infraction of a disciplinary rule, even if it is later determined that that belief was mistaken. Rivers v. Westinghouse Electric Corp., 451 F. Supp. 44, 49 (E.D.Pa.1978); see, Turner v. Texas Instruments, 555 F.2d 1251 (5th Cir. 1977).
For all these reasons, plaintiff has failed to meet his burden of proving that his discharge was motivated by racial discrimination.
CONCLUSIONS OF LAW
1. Title VII, 42 U.S.C. § 2000e et seq., does not preclude the discharge of an employee for reasons other than racial discrimination.
2. The burden of persuasion to prove discrimination in a Title VII case is at all times retained by the plaintiff, although the burden of production shifts once plaintiff has established a prima facie case.
3. In order to establish that a discharge decision violates either Title VII or 42 U.S.C. § 1981, plaintiff must establish a racial motive for the discharge.
4. Appearance and actions consistent with intoxication constituted valid reason for the discharge of an employee pursuant to the terms of the collective bargaining agreement.
5. Plaintiff has failed to meet his burden of proving that defendant discriminated against him on the basis of his race in its treatment of him during his employment or in its decision to discharge him.
6. In discharging plaintiff and in its treatment of plaintiff during his employment, defendant did not discriminate against him on the basis of race in violation of 42 U.S.C. § 1981 or Title VII of the Civil Rights Act of 1964.
7. In accordance with all of the above, judgment shall be entered in favor of defendant and against plaintiff.