· 3/12/1984
Henry James HOWARD, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee
Citations
- 726 F.2d 1529
- 1984 U.S. App. LEXIS 24621
- 33 Empl. Prac. Dec. (CCH) 34,216
- 34 Fair Empl. Prac. Cas. (BNA) 341
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff had established a prima-facie failure-to-hire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff
- holding that a district court misstated the law when it concluded that \there can be no racial discrimination against a black person who is not selected for a job when the person who is selected for the job is black\ (internal quotation omitted)
- rejecting the argument that the black plaintiff could not establish a prima-facie case of discriminatory discharge because she was replaced by another black person
- holding prima facie case requires showing that plaintiff was replaced by person not in protected class of race, but facts did not show that person who filled the position was of same race due to passage of time and other factors
- declining to discuss prejudice because of the lack of inexcusable delay
- plaintiff cannot be faulted for failing to file a Title VII claim until completion of the EEOC process
Source: CourtListener parenthetical corpus (CC0).
Judges: Godbold, Roney, Kravitch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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