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· 6/3/1983

William F. BELL, Appellant, v. William F. BOLGER, Postmaster General, United States Postal Service, Appellee

Citations

  • 708 F.2d 1312
  • 1983 U.S. App. LEXIS 27092
  • 32 Fair Empl. Prac. Cas. (BNA) 32
  • 32 Empl. Prac. Dec. (CCH) 33,636

How courts have described this case

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

  • concluding “the use of such a subjective rating device, coupled with statistical evidence of a pattern of discrimination, may be probative evidence of pretext.”
  • noting that subjective employment practices are “to be closely scrutinized”
  • finding plaintiff’s statistics “inconclusive” where the sample size of 15 “was small and the differences in recommendation and selection rates were not that great”
  • “Merely because other members of a protected class . . . were recommended by the review committee does not demonstrate an absence of discrimination.”
  • a showing that the position was filled with someone from outside the protected group is sufficient to satisfy the fourth prong and establish a prima facie case
  • to establish prima facie case, plaintiff must establish she is member of protected class, she sought and was denied promotion for which she was qualified, and promotion was given to another person of similar qualifications who is not member of protected class

Source: CourtListener parenthetical corpus (CC0).

Judges: Lay, Heaney, Fagg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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