· 12/1/2006
Diana F. Wells v. Sci Management, L.P. Sci Missouri Funeral Services, Inc., D/B/A Mount Moriah Funeral Home
Citations
- 469 F.3d 697
- 2006 U.S. App. LEXIS 29498
- 88 Empl. Prac. Dec. (CCH) 42,615
- 99 Fair Empl. Prac. Cas. (BNA) 516
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that certain sexist comments “are immaterial because they, were ... unrelated to the decisional process itself’
- acknowledging that a plaintiff does not satisfy her burden of demonstrating an inference of discrimination merely by presenting evidence that her position was subsequently assumed by a male
- noting that “a RIF certainly constitutes such a [legitimate, non-discriminatory] reason” for a termination
- explaining that a typical means of proof for the fourth element in a gender discrimination case is showing that plaintiff was treated differently from similarly situated employees of the opposite sex
- “Filing a complaint [of discrimination] does not clothe [the plaintiff] with immunity for past and present inadequacies.” (internal quotation omitted)
- “Having determined that Wells failed to present a prima facie case of discrimination, we need not analyze SCI’s proffered legitimate, nondiscriminatory reason for the discharge, although we note a RIF certainly constitutes such a reason”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Riley, Gruender
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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