[Download] "Mitchell v. Keith" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Mitchell v. Keith
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 21, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Paul Silvestre Diaz, a Mexican-American, brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982), alleging that the failure by his employer, American Telephone & Telegraph Company (AT & T), to promote him to the position of Operations Supervisor resulted from discrimination on the basis of race or national origin. During discovery, AT & T refused to provide certain employment statistics. Without ruling on Diazs motion to compel discovery of these statistics, the district court granted AT & Ts motion for summary judgment, ruling that, as a matter of law, the promotion of another Mexican-American, Rebecca Gonzales, to the challenged position precluded Diaz from establishing a prima facie case of discrimination. We hold that the summary judgment order was based on an erroneous legal premise. However, we do not review the record to see if we could affirm that order on any other ground because Diaz did not receive, and the record does not contain, all the material to which he was entitled in framing his opposition to the summary judgment motion. The requested statistical material was properly subject to discovery.

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