CourtCases2010

Civil rights act of 1964 703a1 42 usca 2000e 2a1 148

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Unformatted text preview: s are numbers. Twenty-seven workers joined the break room unrest. Three Hispanics were among them. Two were recognizably [**13] Hispanic, and both of them were fired by the end of the shift. Flores argues these numbers are enough to cast doubt on [*517] PTG's stated reason for firing her. The problem with Flores' argument is that her fellow Hispanic (and sister), Barrera, was not fired because of the uprising. Barrera was fired for an unrelated safety violation later in the shift. Admittedly, it seems a bit fishy that the only two identifiable Hispanics who took part in the tumult were fired before the end of the shift, but Flores has not presented any facts to connect her firing to that of her Walkmanwearing sister. Flores cannot escape summary judgment. She has not alleged sufficient facts to undermine PTG's assertion that Jones and Adams fired her based on their belief, honestly held, that she was the head rabble-rouser in the coffee room contumacy. She admits to being the loudest and most boisterous when she and the others staged their demonstration. Eager to make an example out of someone, PTG fired the perceived agent provocateur. And eradicating the leader is a time-honored method of bringing a group to 145 heel. That's why Barzini, in Paramount's "The Godfather," tried to rub out Vito, rather than Fredo, when [**14] he wanted to cripple the power of the Corleone Family. Flores' naked argument that PTG's explanation was a mere pretext for discrimination does not raise a triable issue of fact. It may very well have been unfair for PTG to behead Flores to make a point--but she does not come close to showing that the company went after her because she was Hispanic. The judgment of the district court is therefore affirmed. 146 147 Case # 18 VICKERS vs. FAIRFIELD MEDICAL CENTER 453 F.3d 757, 98 Fair Empl.Prac.Cas. (BNA) 673, 88 Empl. Prac. Dec. P 42,443, 2006 Fed.App. 0252P Briefs and Other Related Documents United States Court of Appeals, Sixth Circuit. Christopher VICKERS, Plaintiff-Appell...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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