(DOWNLOAD) "Potter v. Goodwill Industries of Cleveland" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Potter v. Goodwill Industries of Cleveland
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal from the dismissal of a complaint alleging violations of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., requires us to determine whether the district court correctly applied to the evidence adduced at trial the shifting burdens of proof articulated by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973). Specifically we are asked to determine whether a Title VII plaintiff, in order to establish a prima facie case must establish that the wrong allegedly committed was based on an impermissible motivation. This case arose out of a complaint that appellant was not furnished a stool that she claimed was necessary for her to sit on to perform her job and that she was eventually terminated from her job because of her race which is Negro. At trial plaintiff showed that she was unable to perform her job without a stool because of a physical disability, that she was not able to obtain a stool all of the time, and that a white woman who was also not able to perform a similar job without a stool because of a physical disability was furnished one. She also testified that she was terminated from her job because of her race and because of her political activity, and evidence was adduced that the appellee solicited applicants for the position vacated. She did not, however, adduce direct evidence that because of an impermissible racial motivation the defendant failed to furnish her a stool and terminated her employment.