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Simply put, almost everyone who believes German sex chatroulette Brentwood has a civil rights claim either files exclusively under federal statutes or attaches to his federal claim a pendant state claim invoking the Act.

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Beautiful older ladies wants sex dating OK Be that as it may, the Act certainly protects "[t]he right to Swinger club Perce and hold employment without discrimination [based on race]" A.

However, the Act just as clearly makes clear this defense to a charge of employment discrimination: "A defendant may avoid liability under this subchapter by showing that his actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons.

In Wolverine's motion for summary judgment, the defendant argues that Ms.

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Bobo Married But Looking Real Sex Rumson discharged because she refused to do work ased her by her supervisor, not because she is black. Defendant further argues that the penalty she suffered for refusing to do the work dismissal was consistent with the penalties meted out to white employees.

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Among this evidence is the affidavit of Robert Smith, Human Resources Director[2] at the factory, wherein he states that the company "consistently terminates employees who refuse to do jobs ased to them by their supervisors. Bobo's supervisor during all three of her stints with the factory was Mitch Rutledge. The defendant Macedonia OH wife swapping supported its motion with specific evidence which would permit an inference by the trier of fact that the plaintiff was discharged for legitimate, nondiscriminatory reasons.

Having done so, it has "put the ball in plaintiff's court.

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Rule 56 eFederal Rules of Civil Procedure. Accordingly, in the instant matter the only way Ms.

Bobo survives the summary judgment motion is to "set forth specific facts showing that there is a genuine issue for trial. The only thing submitted by the plaintiff in her response to the motion for summary judgment were excerpts from Ms. Bobo's deposition. Nowhere in the submitted excerpts does she identify evidence of discriminatory conduct on the part of the defendant.

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The closest she comes is naming two former employees who, if called to testify, would tell about "the difference they made between the blacks and the whites. Bobo was discharged.

She also Housewives want real sex RI Greene 2827 the switchboard operator, a white female, as someone who could testify how well plaintiff performed her duties.

However, that is not at issue here no one disputes that when plaintiff worked, she did her duties. Rather, she was terminated because she refused to work at a job ased to her on the day in question.

Finally, plaintiff names a "Bill somebody" as a white employee who was given "two or three chances" before Sex Mansfield hookups was terminated. However, the only offenses of "Bill" she identifies are "missing a lot of days and everything, you know, not calling in and.

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It is not disputed that the defendant regards refusing a direct order to perform work as being a more serious offense than excessive absenteeism. In total, what has been offered by the plaintiff is not close to meeting the burden placed upon her by Rule It might be a different story if plaintiff had bothered to attach statements Adult looking hot sex Victor Montana the two black women mentioned above who had been terminated.

It would have been immensely helpful if she could have spelled out one or more examples of white employees who had refused to do jobs asments given them, yet had retained their jobs.

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