Representing Plaintiffs In Title Vii Actions

Author : LandMark Publications
Publisher :
ISBN 13 : 9781520548975
Total Pages : 562 pages
Book Rating : 4.5/5 (489 download)

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Download or read book Title VII Prima Facie Cases written by LandMark Publications and published by . This book was released on 2017-02-09 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss whether the plaintiff has alleged a prima facie case under Title VII. The selection of decisions spans from 2014 to the date of publication.Title VII forbids employers from discriminating against its employees based on "race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a). A plaintiff establishes a Title VII claim under either the direct method or indirect, burden-shifting method. See, e.g., Sklyarsky v. Means-Knaus Partners, L.P., 777 F.3d 892, 896 (7th Cir.2015). Here, Appellant seeks to establish her claim through the indirect method. To do so, she must first produce evidence of a prima facie case of discrimination under the familiar McDonnell Douglas test. Cung Hnin v. TOA (USA), LLC, 751 F.3d 499, 504 (7th Cir. 2014) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). To demonstrate a prima facie case for failure to promote under Title VII, she must produce evidence showing that: (1) she was a member of a protected class; (2) she was qualified for the position sought; (3) she was rejected for the position; and (4) the employer promoted someone outside of the protected group who was not better qualified for the position that she sought. Garofalo v. Vill. of Hazel Crest, 754 F.3d 428, 439 (7th Cir.2014). Jaburek v. Foxx, 813 F. 3d 626 (7th Cir. 2016).In addition to forbidding discrimination based on "race, color, religion, sex, or national origin," Title VII also "forbids actions that 'discriminate against' an employee (or job applicant) who has 'opposed' a practice that Title VII forbids or has 'made a charge, testified, assisted, or participated in' a Title VII [discrimination] 'investigation, proceeding, or hearing.'" Burlington N. and Santa F. Ry. Co. v. White, 548 U.S. 53, 59, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006) (quoting 42 U.S.C. § 2000e-3(a)). A plaintiff must thus produce evidence of an adverse employment action that was instigated by her "complaining about prohibited discrimination." Chaib v. Indiana, 744 F.3d 974, 986 (7th Cir.2014). Jaburek v. Foxx, ibid. * * *[F]or purposes of pleading sufficiency, a complaint need not establish a prima facie case in order to survive a motion to dismiss. A prima facie case is "an evidentiary standard, not a pleading requirement," Swierkiewicz v. Sorema, N.A., 534 U.S. 506, 510, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002), and hence is "not a proper measure of whether a complaint fails to state a claim." Fowler v. UPMC Shadyside, 578 F.3d 203, 213 (3d Cir.2009). [Footnote omitted.] Connelly v. Lane Const. Corp., 809 F. 3d 780 (3rd Cir. 2016).