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· 10/19/1988

Robert C. PIERCE, Appellant, v. John O. MARSH, Secretary of the Army, Appellee

Citations

  • 859 F.2d 601
  • 1988 U.S. App. LEXIS 14237
  • 47 Empl. Prac. Dec. (CCH) 38,348
  • 54 Fair Empl. Prac. Cas. (BNA) 1563
  • 1988 WL 107522

How courts have described this case

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

  • reviewing plaintiff's and successful candidate's qualifications to evaluate employer's \more qualified\ defense
  • “The mere existence of comparable qualities between two applicants . . . alone does not raise an inference of . . . discrimination.”
  • “The mere existence of comparable qualifications between two applicants . . . alone does not raise an inference of racial discrimination.”
  • “Even if these subjective reasons could be rejected on credibility grounds, such a rejection of that evidence would not add anything to the lack of a showing of pretext by [plaintiff].”
  • \. . . Pierce failed to provide any evidence from which a rational trier of fact could infer that the selecting committee's articulated nondiscriminatory reason for hiring Webb over Pierce was overcome by any evidence establishing that reason as pretextual.\
  • “... Pierce failed to provide any evidence from which a rational trier of fact could infer that the selecting committee’s articulated nondiscriminatory reason for hiring Webb over Pierce was overcome by any evidence establishing that reason as pretextual.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Bright, Harper

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Sourced from CourtListener / Free Law Project (CC0).

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