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scope of declarant's agency powers, and thus were not admissible in other female
employee's employment discrimination suit as nonhearsay statements of employer's
agent, where declarant did not provide statements within her official capacity. Fed.Rules
Evid.Rule 801(d)(2)(D), 28 U.S.C.A.
To establish prima facie case of gender discrimination under Title VII, plaintiff must
prove that: (1) she was member of protected class; (2) she was qualified for position she
held; (3) she suffered adverse employment action; and (4) adverse employment action
occurred under circumstances giving rise to inference of discrimination. Civil Rights Act
of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1). 163 Mere fact that plaintiff was replaced by someone outside protected class will suffice for
required inference of discrimination at prima facie stage of Title VII analysis. Civil
Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1).
If plaintiff is able to establish elements of her prima facie case of employment
discrimination under Title VII, presumption arises that employer unlawfully
discriminated against her, and burden shifts to employer to articulate legitimate, nondiscriminatory reason for adverse action. Civil Rights Act of 1964, § 703(a)(1), 42
U.S.C.A. § 2000e-2(a)(1).
Once employer has articulated legitimate non-discriminatory reason for adverse
employment action, presumption dissipates and burden shifts back to plaintiff asserting
Title VII discrimination claim to prove by preponderance of evidence that legitimate
reasons offered by employer were not its true reasons, but were pretext for
discrimination. Civil Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1).
In order to avoid summary judgment in Title VII employment discrimination suit,
plaintiff is not required to prove that prohibited motivation was sole or even principal
factor in decision, or that employer's proffered reasons played no role in employment
decision, but only that plaintiff's membership in protected class contr...
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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.
- Spring '08