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Baxter Healthcare Corp. v. White

Close Date: 05/18/2009
Status: closed
Citation: 533 F.3d 381
Docket: 08-960

Description:

Employment Law: Title VII

The questions presented are:

  1. To what extent may an employment discrimination plaintiff survive a motion for judgment as a matter of law based on nothing (or little) more than a comparison of his or her qualifications to that of the person selected for the position?
  2. Whether an employment discrimination plaintiff proceeding under the mixed-motive theory may overcome summary judgment without establishing a prima facie case of discrimination, and by merely producing “some” evidence of discriminatory intent.

Adina Rosenbaum of Public Citizen assisted the respondent at the cert stage, and the Supreme Court denied cert.

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