materials for his personal projects, but determined that many thousands of dollars of College employee time had been misappropriated by Anderson and Raines.
Copies of all materials produced by the investigation were forwarded to G. Richard Wynn, Vice President for Finance and Administration, and to Tom Kessinger, President of the College. Wynn recommended to President Kessinger that Anderson and Raines be terminated, and he accepted this recommendation. Anderson's termination was effective immediately and Raines's was effective at the end of the calendar year. The reason the College gave to support the terminations was abuse of College time and materials.
Anderson and Raines deny that the College terminated them on that basis. Rather, they assert that the College fired them on account of their race (both men are African American) and Anderson's national origin (Jamaican). Both admit that they have no evidence of race discrimination by the decision-makers or anyone else in College administration. However, they argue that the practice of doing personal work on College time was well established and accepted and that standards were unequally applied to them as a pretext to discharge them on the basis of their race and Anderson's national origin.
SUMMARY JUDGMENT STANDARD
In considering a motion for summary judgment, a court must consider whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show there is no genuine issue of material fact, and whether the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The court must determine whether the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).
In making this determination, all of the facts must be viewed in the light most favorable to the non-moving party and all reasonable inferences must be drawn in favor of the non-moving party. Id. at 256. Once the moving party has met the initial burden of demonstrating the absence of a genuine issue of material fact, the non-moving party must establish the existence of each element of its case. J.F. Feeser, Inc. v. Serv-A-Portion, Inc., 909 F.2d 1524, 1531 (3d Cir. 1990), cert. denied, 499 U.S. 921, 113 L. Ed. 2d 246, 111 S. Ct. 1313 (1991) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986)).
PRIMA FACIE CASE
Plaintiffs' claims arise under three separate causes of action: Title VII, 42 U.S.C. § 1981, and the PHRA. However, the legal elements of each of these causes of action are the same. Griffiths v. Cigna Corp., 988 F.2d 457, 469 n.10 (3d Cir.) (legal elements of Title VII and PHRA are identical), cert. denied, 126 L. Ed. 2d 145, 114 S. Ct. 186 (1993); O'Brien v. City of Philadelphia, 837 F. Supp. 692, 699 (E.D. Pa. 1993) (legal elements of Title VII and § 1981 are identical). For ease of discussion, we will do as the parties did and analyze Plaintiffs' claims under Title VII law and caselaw. Title VII's § 2000e-2(a)(1) states:
It shall be an unlawful employment practice for an employer - to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.