Skip to main content
· 6/2/1993

61 Fair empl.prac.cas. (Bna) 1505, 62 Empl. Prac. Dec. P 42,511 William L. Nesbit v. Pepsico, Inc., Charles A. Selby v. Pepsico, Inc.

Citations

  • 994 F.2d 703
  • 93 Daily Journal DAR 6828
  • 93 Cal. Daily Op. Serv. 3982
  • 1993 U.S. App. LEXIS 12896
  • 62 Empl. Prac. Dec. (CCH) 42,511
  • 61 Fair Empl. Prac. Cas. (BNA) 1505
  • 1993 WL 182650

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that employer's use of the phrase \[w]e don't necessarily like grey hair\ did not support an inference of discriminatory motive
  • holding that the employer's use of the phrase \we don't necessarily like grey hair\ did not support an inference of discriminatory motive
  • holding that employer’s use of the phrase “[w]e don’t necessarily like grey hair” did not support an inference of discriminatory motive
  • concluding that a superior's comment that “[w]e don’t necessarily like grey hair” “was 10 uttered in an ambivalent manner and was not tied directly to [the plaintiff’s] termination” and thus 11 was “at best weak circumstantial evidence of discriminatory animus”
  • concluding that a superior’s comment that “[w]e don't necessarily like grey hair” “was 5 uttered in an ambivalent manner and was not tied directly to [the plaintiff's] termination” and thus 6 was “at best weak circumstantial evidence of discriminatory animus”
  • stating that a comment “uttered in an ambivalent manner” and not tied to the adverse employment action was insufficient to establish discriminatory animus

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, Pregerson, Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.