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· 3/27/2006

Vivian Burke-Fowler v. Orange County Florida

Citations

  • 447 F.3d 1319
  • 2006 WL 770638
  • 2006 U.S. App. LEXIS 7486
  • 98 Fair Empl. Prac. Cas. (BNA) 19

How courts have described this case

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

  • holding that, to establish a Title VII discrimination claim, a plaintiff must show, in part, that \her employer treated similarly situated employees who are not members of the plaintiff's class more favorably\
  • noting that “[djiffer-ent types and degrees of misconduct may warrant different types and degrees of discipline”
  • holding plaintiff failed to establish prima facie case of race discrimination because she did not identify comparator or present other circumstantial evidence suggesting race discrimination
  • stating that a plaintiff must show only that her “employer treated similarly situated employees outside her protected class more favorably than she was treated”
  • noting that two lines of cases developed interpreting the “similarly situated” prong, and holding that we are bound by the “earliest case” doctrine to use the “nearly identical” standard
  • listing four elements for a Title VII disparate treatment claim: “(1) [the plaintiff] is a member of a protected class[,] (2) she was subjected to an adverse employment action[,] (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Hull

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.