CourtCases2010

See mcdonnell douglas 411 us at 802 n13 texas dept of

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Unformatted text preview: d. One of the two was Flores' sister, Casey Barrera. Barrera was fired later in the same shift for wearing a Walkman while working--a terminable safety violation. There is some confusion about the third Hispanic woman who participated in the event, Elaine Collins. Apparently, Collins did not hold herself out as Hispanic, and it is not clear whether anyone at PTG considered her Hispanic. Finally, one nonHispanic worker, Delois Stevens, was fired for her part in the to-do, but she was only a temporary employee. Flores filed a claim against PTG for discriminatory discharge under Title VII. She alleged that PTG fired her because she is Hispanic. PTG moved the district court for summary judgment, arguing that Adams fired Flores only because she believed that Flores was the leader of an unlawful work stoppage. Chief Judge William C. Lee granted PTG's motion for summary judgment, and Flores appeals. 142 We review a grant of summary judgment de novo. See Chiaramonte v. Fashion Bed Group, Inc [**5] ., 129 F.3d 391, 395 (7th Cir. 1997). Summary judgment is appropriate when there are no material facts at issue and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c). No genuine issue of material fact exists when the record as a whole, considered in the light most favorable to the plaintiff, could not lead a rational trier of fact to find for the nonmoving party. See Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 322 (7th Cir. 1992). In order to win her national origin discrimination claim at trial, Flores would have to convince a trier of fact that PTG fired her because she is Hispanic. In order to get past a motion for summary judgment, she must do one of two things. She can present direct evidence of the company's discriminatory intent. Or she can use the indirect "burdenshifting" approach approved by the Supreme Court in McDonnellDouglas v. Green, 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973). There is no direct evidence that PTG fired Flores because she is Hispanic so she is relega...
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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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