/f-supp-2d/832/0539-01

United States District Court for the Eastern District of Pennsylvania · 2011-12-22

Original case on neochart.com

Case and law context

42 U.S.C. § 2000e-2

Role: applied; posture: civil; race disparate-treatment discharge claim (with abandoned hostile-environment and retaliation claims; parallel 1981 and PHRA claims); employer's motion for summary judgment granted; result: claimant-lost; claim: (a)(1)

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Adverse employment action affecting compensation, terms, conditions, privileges, or statussatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1)

discharge/same-day-termination-after-coworker-altercation
Mirth returned to Glenn and told him to punch out for the day because he was terminated.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [7899:7987] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [40819:40965] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In this case, the fact that Glenn was discharged is undisputed.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [41117:41180] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Discriminatory causation ("because of" protected trait)not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); theory: comparator Faust (white coworker in the same altercation, given written warning); subject: theory=comparator Faust (white coworker in the same altercation, given written warning)

Same supervisor, same incident, but a threat to fight is treated as more serious than name-calling, even assuming the white coworker used a racial epithet ("boy"); the comparator also reported to management while plaintiff did not.
comparator/not-similarly-situated-other-party-to-same-altercation-less-serious-conduct
In the March 20 altercation, Glenn admitted that he repeatedly told Faust to “step outside.” Faust did not make a similar threat to Glenn.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [23483:23621] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Furthermore, Faust retreated from the altercation to report it to management.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [23874:23951] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

According to Glenn, while he and Faust were pushing the trash box back and forth from their respective work areas, Faust said to him, “Boy, don’t put your box back on this line.”
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [8799:8977] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Yet at no point during that discussion did Glenn alert Mirth to Faust allegedly calling him a “boy” or goading him to “go ahead, do it.”
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [24357:24493] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

To be “similarly situated,” the plaintiff must show that “the other employee’s acts were of ‘comparable seriousness.’ ”
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [21739:21858] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

In sum, Raymours’ treatment of Faust cannot raise an inference of unlawful discrimination regarding Glenn’s termination because there are differentiating and mitigating circumstances that significantly distinguish both their conduct and Raymours’ treatment of them.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [26202:26467] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Discriminatory causation ("because of" protected trait)not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); theory: comparators Adams and Copperthwaite (white employees, alleged fight, no discipline); subject: theory=comparators Adams and Copperthwaite (white employees, alleged fight, no discipline)

comparator/not-similarly-situated-different-decision-maker-and-unconfirmed-misconduct
He did not see any punches thrown, but observed from a distance some individuals “separating the two of them,” with Adams trying to “pursue” Copperthwaite and saying “if you ever do that again, I’ll snap your F’ing [sic] neck.”
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [12178:12405] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Regarding the same supervisor argument, Adams and Copperthwaite were employed in the Delivery Department, while Glenn worked in the Operations Department.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [26916:27070] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Critically, the underlying misconduct in Glenn’s case was reported to Glenn’s direct supervisors, confirmed by more than one witness, and admitted to by Glenn himself.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [28600:28767] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Dye’s allegations notwithstanding, Adams’ alleged misconduct was not witnessed by Adams’ direct supervisors, was not reported to those supervisors, and was not admitted to by Adams or Copperthwaite.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [29810:30008] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Therefore, the record is without sufficient evidence to demonstrate that Adams or Copperthwaite are “similarly situated” to Glenn for purposes of establishing the fourth element of his prima facie case.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [30009:30211] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Covered entity: employer, employment agency, or labor organizationsatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1)

private-employer/private-retailer
On July 24, 2007, Raymour and Flanigan, a furniture company, hired Glenn, an African-American male, as a Facility Technician in its Frazer, Pennsylvania service center (“Frazer Service Center”).
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [685:879] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Employer's legitimate, nondiscriminatory reason (McDonnell Douglas step 2)satisfied
Excluded from merits counts
applied / alternative

basis: conceded; claim: (a)(1)

misconduct/threat-to-fight-coworker
From Hazeldine’s office, Hazeldine, Mirth, and Corson observed Glenn following Faust, flailing his arms, and yelling the words “pussy” and “faggot” at Faust.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [5244:5401] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Mirth then asked if Glenn had told Faust to “step outside,” as Faust had alleged, and Glenn admitted that he had.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [6526:6639] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Rob Mirth documented the reason for Glenn’s termination — “creating a hostile work environment and making threats to another associate” — in a “Disciplinary Counseling Form” on the same day as the incident.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [31510:31716] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Raymours’ articulated reason is legitimate and non-discriminatory, and Glenn does not dispute this point.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [31760:31865] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Severe or pervasive hostile or abusive working environmentnot
Excluded from merits counts
applied / procedural

basis: waived; claim: (a)(1)

abandoned/claim-not-defended-at-summary-judgment
In response, Glenn fails to even mention his “harassment,” hostile work environment, or retaliation claims in his brief, much less establish his prima facie case for them.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [18266:18437] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Therefore, I deem Glenn to have abandoned these claims by failing to address them in his response to Raymours’ motion for summary judgment.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [18438:18577] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Impermissible motivating factor in mixed-motive cases (§ 2000e-2(m))not_reached
Excluded from merits counts
applied / merits

claim: (a)(1)

Unspecified variantNo source quotation recorded for this block.
/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Pretext for discrimination (McDonnell Douglas step 3)not
Excluded from merits counts
applied / alternative

basis: no-evidence; claim: (a)(1)

Second ground, arguendo a prima facie case. A thin or one-sided investigation, without bias or coercion, does not show pretext; same-actor (hirer = firer within 8 months) noted as cutting against discrimination.
inadequate-investigation/more-witnesses-should-have-been-interviewed
To establish that Raymours’ reason for terminating Glenn was pretext, Glenn points to Raymours’ purported failure to conduct meaningful investigations in the Glenn-Faust incident, Adams-Copperthwaite incident, and Cynthia Stinson incident.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [34264:34503] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Raymours supervisor, Rob Mirth, went out and discussed the situation with Glenn, and gave him an opportunity to provide his side of the story.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [35352:35494] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Glenn is not making any such allegation here, but merely arguing that Raymours should have formally interviewed more witnesses and timely obtained witness statements.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [35778:35944] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

It should also be noted, as Raymours emphasizes, that the same person (Hazeldine) who terminated Glenn, hired him just eight months before, and that during that time, Hazeldine also provided Glenn with a favorable transfer and promotion.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [42290:42527] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Regardless, courts in the Third Circuit have found similar challenges to the adequacy of an investigation insufficient to establish pretext.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [36224:36364] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The record, therefore, lacks sufficient evidence to demonstrate that Raymours’ legitimate, non-diseriminatory reason for terminating Glenn was pretext for racial discrimination.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [37229:37406] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Protected trait: race, color, religion, sex (including pregnancy/abortion), or national originsatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1)

race/african-american
On July 24, 2007, Raymour and Flanigan, a furniture company, hired Glenn, an African-American male, as a Facility Technician in its Frazer, Pennsylvania service center (“Frazer Service Center”).
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [685:879] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

For purposes of the summary judgment motion, Glenn has satisfied the first three steps of his prima facie case — he is a member of a protected class, is qualified for his Customer Delivery Inspector position, and was discharged from that position by Raymours.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [20738:20997] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Qualified for the position / meeting legitimate employer expectationssatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1)

qualified/recently-promoted
Mirth subsequently recommended Glenn for a CDI position, and Hazeldine promoted Glenn to the position effective January 21, 2008.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [3940:4069] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

For purposes of the summary judgment motion, Glenn has satisfied the first three steps of his prima facie case — he is a member of a protected class, is qualified for his Customer Delivery Inspector position, and was discharged from that position by Raymours.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [20738:20997] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a))not
Excluded from merits counts
applied / procedural

basis: waived; claim: (a)(1)

The court also remarks that the record holds no evidence of protected activity, but the disposition is abandonment.
abandoned/claim-not-defended-at-summary-judgment
Although Raymours fails to specifically discuss Glenn’s retaliation claim, the record lacks any evidence whatsoever that could raise a genuine issue as to whether Glenn engaged in a protected activity prior to or contemporaneous with his termination.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [39903:40153] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Therefore, I deem Glenn to have abandoned these claims by failing to address them in his response to Raymours’ motion for summary judgment.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [18438:18577] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011

In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [40819:40965] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.

interpretation

To be “similarly situated,” the plaintiff must show that “the other employee’s acts were of ‘comparable seriousness.’ ”

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011

To be “similarly situated,” the plaintiff must show that “the other employee’s acts were of ‘comparable seriousness.’ ”
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [21739:21858] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

Ultimate causation/intent requirement under § 2000e-2(a): the protected trait was a determinative cause of the adverse employment action.

interpretation

Regardless, courts in the Third Circuit have found similar challenges to the adequacy of an investigation insufficient to establish pretext.

/f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011

Regardless, courts in the Third Circuit have found similar challenges to the adequacy of an investigation insufficient to establish pretext.
Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [36224:36364] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.

McDonnell Douglas step 3: plaintiff shows that the employer's proffered reason is false / unworthy of credence, permitting (though not compelling) the factfinder to infer intentional discrimination.