Roach v. Dresser Ind. Valve & Instrument Division, Civ. A. No. 780157.

• Decision Date: 17 July 1980
• Docket Number: Civ. A. No. 780157.
• Citation: 494 F. Supp. 215
• Parties: Calvin J. ROACH v. DRESSER INDUSTRIAL VALVE AND INSTRUMENT DIVISION, a division of Dresser Industries, Inc.
• Court: U.S. District Court — Western District of Louisiana

494 F. Supp. 215

Calvin J. ROACH v. DRESSER INDUSTRIAL VALVE AND INSTRUMENT DIVISION, a division of Dresser Industries, Inc.

Civ. A. No. 780157.

United States District Court, W. D. Louisiana, Alexandria Division.

July 17, 1980.

Daniel E. Broussard, Jr., Alexandria, La., for plaintiff.

Richard B. Sadler, Jr., Provosty, Sadler & deLaunay, Alexandria, La., Peter J. Carre, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., for defendant.

EDWIN F. HUNTER, Jr., District Judge:

Invoking Title VII, the Equal Employment Opportunity Act, 42 U.S.C. § 2000e-2, Calvin Roach, a native born American of Acadian descent, challenges as discriminatory his employment termination with Dresser Industries. He alleges that his employment was terminated on March 31, 1977, because of his national origin and his association with co-employees of the same national origin (Acadians, or "Cajuns").

The key provision of Title VII is Section 703(a) of the Act, which provides that:

"It shall be an unlawful employment practice for an employer —

(1) 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 * * *."

The statute's legislative history concerning the meaning of "national origin" is quite meager, but the Supreme Court has noted that the term refers not to alienage, but "to the country where a person was born, or, more broadly, the country from which is or her ancestors came." Espinoza v. Farah Mfg. Co., 414 U.S. 86, 88, 94 S.Ct. 334, 336, 38 L.Ed.2d 287. The legislative history enunciates precisely that a person's national origin has nothing to do with color, religion, or race.

Defendant concedes that if plaintiff had alleged that he was discharged because his ancestors came from England, Poland, Canada, Iran, Spain, Germany, Russia, Mexico or any other country, then plaintiff should certainly be given an opportunity to proceed to trial on the merits. Defendant also concedes that it would be a violation of Title VII if a German employer with a plant in Pennsylvania discriminated against local residents because they and/or their ancestors came from the United States. However, Dresser insists that since Acadia is not and never was a country, plaintiff has no standing under Title VII to bring this action.

The first problem one should address is that of definition. Controversy, emotionalism and the import of Longfellow's "Evangeline" have contributed to many stereotyped and oversimplified characterizations of the Acadian people. In the context of this litigation we agree with Dr. Arceneaux and Mr. James Domengeaux (Chairman of CODOFIL) that a "Cajun" is properly defined as an Acadian, and that one is a "Cajun" only if his ancestry includes someone who once lived in Acadia. Under this definition we find that Mr. Roach is a "Cajun" and an Acadian. Two former Governors of Louisiana fit this definition — Paul O. Hebert and Alexandre Mouton. In this same category are two former United States Senators — Robert and Edwin S. Broussard — and five former members of the United States Congress — Whit P. Martin, Numa Montet, Robert L. Mouton, Garland Dupre and James Domengeaux.¹

The evidence reveals that in 1604 a small group of Frenchmen from Normandy, Picardy, and Anjou arrived in the French Colony of "Acadia." In 1620, when King James I extended the British colony of Massachusetts to include all of Acadia, which he renamed "Nova Scotia," he sent some Scots to colonize that area and many of them intermarried with the French who were already there. The emigration of Frenchmen to Acadia increased. The British returned Acadia to the French in 1632. In 1654 Acadia was reclaimed by the British, and many "Acadians" returned to France. In 1667, by the Treaty of Breda, Acadia was once again returned to France. In 1690, Nova Scotia was made a part of the British colony of Massachusetts. Thereafter, it was captured by the French in 1691 and by the English in 1710. In 1713, the Treaty of Utrecht put "Acadia," then known only as "Nova Scotia," permanently into the hands of the British. Long before the Treaty of Utrecht, the French-speaking residents of Acadia had become a multi-national group. A census taken in 1671 listed fifty-nine family heads. The people listed on that census were the founding fathers of the "Acadian people," and included two Scots named Mellanson (now Melancon), an Irishman named Kuessey (Caissey or Quesay), and an Englishman named Granger.² Although they spoke French, they had developed new customs, and by 1700 the descendants of the first settlers of Acadia considered themselves to be a new people — the Acadians. In fact, although the Acadians seldom intermarried, an Irishman or Scot who moved to the colony of Nova Scotia would,...