My feeling is that the presiding judge was really just trying to do a favor to ask you guys to settle (That I agree with lao Mao). After your refusal, he had no choice but throwing out the case on summary judgement. Do you know why? It was because you just did not satisfy your duty to present a prima facie case, regardless how hard you tried to prove Visa's lies. I simply don't see anywhere in your story that Visa singled you out because you are a Chinese. Yes, I believe they singled you out as a person, but as a Chinese or as an alien? I just don't see it or you just did not present the case good enough.
On the other hand, I believe your employment with Visa was Employment at Will, which means they did not even have to give you a reason to let you go. That basically sets the bar even higher on you to present a good case. Yes, their arguments that you did not perform might be weak, but what you think the court can do? Deciding for the Visa who is performing well and who isn't? I also believe there are other considerations that the judge even cited all the reasons that Visa gave out for letting you go. In giving out judicial opinion, judges have to concern themselves with setting the precedent. That's why most of the judges are trying to rule as narrowly as possible and what finally get to put ont he paper is not necessarily what ultimately decides the case.
From what I've read so far from your posts, my feeling is that you simply did not approach the case from the right angle, or maybe you just did not have a case. Still I want you to differentiate one thing: The fact that they singled you out and you are a Chinese or an alien does not necessarily mean that they singled you out because you are a Chinese or an alien.
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