Monday, June 23rd, 2008...4:22 am
9th Cir: Rejection of Bassoonist after Audition
The 9th Circuit has affirmed a Title VII jury’s verdict that the City and County of Honolulu did not racially discriminate against a bassoonist who auditioned for a position with the Royal Hawaiian Band.
The plaintiff’s attempt to demonstrate his skills to the jury failed:
First, [plaintiff] objects to the district court’s grant of the City’s Motion in Limine No. 3, prohibiting Harrell or others from playing the bassoon before the jury. The court, however, did allow an audiotape of the audition to be played to the jury. As this was the best evidence of Harrell’s performance at the audition, Harrell has failed to show that the grant of Motion in Limine No. 3 was an abuse of discretion.
Harrell v. City and County of Honolulu, 2008 WL _______ (9th Cir. June 20, 2008)(unpub.)
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