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Fuentes v. Perskie

United States Court of Appeals for the Third Circuit

June 23, 1994, Argued ; August 1, 1994, Filed

No. 93-5561

Opinion

 [*761] OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiff Luis A. Fuentes appeals from the district court's grant of summary judgment for the defendants, the New Jersey Casino Control Commission (the "Commission") and Commission Chairman Steven Perskie, in this national origin employment discrimination suit brought by Fuentes in the district court for the District of New Jersey pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C.A. §§ 2000e to [**2]  2000e-17 (1981 & Supp. 1994). The question before us is the proper standard for granting summary judgment in a claim arising under Title VII in the wake of  [*762]  the Supreme Court's decision in St. Mary's Honor Center v. Hicks, 125 L. Ed. 2d 407, 113 S. Ct. 2742 (1993). In particular, we consider the evidence that a plaintiff, who has made out a prima facie case, must adduce to survive a motion for summary judgment when the defendant offers a legitimate reason for its employment action in a "pretext" employment discrimination case. We hold that, to do so, the plaintiff generally must submit evidence which: 1) casts sufficient doubt upon each of the legitimate reasons proffered by the defendant so that a factfinder could reasonably conclude that each reason was a fabrication; or 2) allows the factfinder to infer that discrimination was more likely then not a motivating or determinative cause of the adverse employment action. Because Fuentes failed to throw sufficient doubt on any of the Commission's proffered reasons, we will affirm the district court's grant of summary judgment.

I. FACTS AND PROCEDURAL HISTORY 2 

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32 F.3d 759 *; 1994 U.S. App. LEXIS 19798 **; 65 Fair Empl. Prac. Cas. (BNA) 890

LUIS A. FUENTES, Appellant v. STEVEN P. PERSKIE, CHAIRMAN OF THE NEW JERSEY CASINO CONTROL COMMISSION; THE NEW JERSEY CASINO CONTROL COMMISSION

Subsequent History:  [**1]  As Corrected October 5, 1994. Second Correction November 17, 1994.

Prior History: On Appeal from the United States District Court for the District of New Jersey. (D.C. Civil No. 92-cv-00190).

CORE TERMS

factfinder, summary judgment, hire, proffered, reasons, staff, proffered reason, casino, legitimate reason, prima facie case, motivating, employment decision, affirmative action, non-discriminatory, decisionmakers, reorganization, positions, employment action, district court, discriminatory, articulated, interview, throw

Civil Procedure, Summary Judgment, Motions for Summary Judgment, General Overview, Judgments, Appeals, Summary Judgment Review, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Entitlement as Matter of Law, Standards of Review, Evidence, Burdens of Production, Labor & Employment Law, Discrimination, Disparate Treatment, Inferences & Presumptions, Allocation, Burden Shifting, Ultimate Burden of Persuasion, Business & Corporate Compliance, Statutory Application, Age Discrimination in Employment Act, Evidence, Burdens of Proof, Opposing Materials, Evidentiary Considerations, Title VII Discrimination