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· 11/26/1993

Casper Eugene Harding v. Vincent Gray

Citations

  • 9 F.3d 150
  • 1993 U.S. App. LEXIS 30946
  • 63 Empl. Prac. Dec. (CCH) 42,688
  • 63 Fair Empl. Prac. Cas. (BNA) 475
  • 1993 WL 483950

How courts have described this case

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

  • asking whether 10 interrogation and punishment were “disproportionate to the 11 crime, which would indicate persecution on grounds of 12 political opinion rather than prosecution or legitimate law- 13 enforcement interrogation” (internal quotation marks 14 omitted)
  • background circumstances not an additional hurdle, but rather a substitute for minority plaintiffs burden under first prong of McDonnell Douglas test
  • “[M]ere unsubstantiated allegation ... creates no ‘genuine issue of fact’ and will not withstand summary judgment.”
  • a male plaintiff, as a “member of the historically favored group” must “present[ ] evidence of ‘background circumstances’ that could support an inference of discrimination”
  • “when an employer acts contrary to his apparent best interest in promoting a less-qualified minority applicant, it is more likely than not that the employer acted out of a discriminatory motive”
  • “[A] mere unsubstantiated allegation ... creates no genuine issue of fact and will not withstand summary judgment.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Mikva, Buckley, Ginsburg

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.