Title VII Suit May Be Useful in Making Race-Based, Cocaine Disparity Arguments
McGowan v. City of Eufala, --- F.3d ----, 2006 WL 3720238 (10th Cir. Dec. 19, 2006)
Title VII suit for retaliation brought by employee who claimed she was disciplined in retaliation for her support of a racial discrimination suit brought by a co-worker.
This opinion may have application in race based challenges (such as to crack and powder cocaine disparities).
The prima facie case the employee needed to make was to show (1) she engaged in protected opposition to discrimination; (2) a reasonable employee would have found the challenged action materially adverse; and (3) a causal connection exists between the protected activity and the materially adverse action. Once she established a prima facie case, the burden shifted to the employer to articulate a legitimate nondiscriminatory reason for the adverse action. If the employer did so, the burden shifted back to the employee to show that the employer's reasons were pretextual.
Title VII suit for retaliation brought by employee who claimed she was disciplined in retaliation for her support of a racial discrimination suit brought by a co-worker.
This opinion may have application in race based challenges (such as to crack and powder cocaine disparities).
The prima facie case the employee needed to make was to show (1) she engaged in protected opposition to discrimination; (2) a reasonable employee would have found the challenged action materially adverse; and (3) a causal connection exists between the protected activity and the materially adverse action. Once she established a prima facie case, the burden shifted to the employer to articulate a legitimate nondiscriminatory reason for the adverse action. If the employer did so, the burden shifted back to the employee to show that the employer's reasons were pretextual.
posted by Anonymous at 10:07 AM
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