Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks



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Topic: Religions > Bible
User: "Yang, AthD h.c, Kicking AWOLs Cocaine Snorting Ass"
Date: 31 Oct 2005 10:10:49 PM
Object: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks
I guess affirmative action is okay if it benefits White People!
http://thinkprogress.org/2005/10/31/samuel-alitos-america/
Alito dissented from a decision in favor of a Marriott Hotel manager
who said she had been discriminated against on the basis of race. The
majority explained that Alito would have protected racist employers by
“immuniz[ing] an employer from the reach of Title VII if the
employer’s belief that it had selected the ‘best’ candidate was the
result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]
-----
Yang
a.a. #28
AthD (h.c.) conferred by the regents of the LCL
a.a. pastor #-273.15, the most frigid church of Celcius nee Kelvin
EAC Econometric Forecast and Sorcery Division
Proudly plonked by Lani Girl and Crazyalec (aka
aka Yang's little poltregeist *****)
The Bush 'balanced' budget: 1.6 trillion and worsening
The Bush 'economic' policy: 12.5 million FEWER jobs than Clinton and counting
The Bush Iraq lie: -2025 GIs, one friend's co-worker's son and mounting
Having Bush ***** up my country: Worthless
-----
"Now, did I want to go? Hell no."
-duke (duckgumbo32@cox.net), aka Earl J Weber, 63
year old mateless, heirless biological failure
of Afton Oaks Apartment, Baton Rouge, on why
a Neocon chickenhawk like him pussied out of
the Vietnam War.
.

User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 31 Oct 2005 11:17:33 PM
"Yang, AthD (h.c), Kicking AWOL's Cocaine Snorting *****"
<eacmole@/*AWOLBUSH*/mail.com> wrote in message
news:d2qdm15c50ia24ndp29qc1585dsrssr1po@4ax.com...

I guess affirmative action is okay if it benefits White People!

http://thinkprogress.org/2005/10/31/samuel-alitos-america/


Alito dissented from a decision in favor of a Marriott Hotel manager
who said she had been discriminated against on the basis of race. The
majority explained that Alito would have protected racist employers by
"immuniz[ing] an employer from the reach of Title VII if the
employer's belief that it had selected the 'best' candidate was the
result of conscious racial bias." [Bray v. Marriott Hotels, 1997]



-----

Yang

So what did the LAW say? I bet you really don't care, do you?
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 07:46:48 AM
"brutus" <brutus@thebrute.com> wrote

So what did the LAW say?

Why does it matter? Not very long ago, you losers were
pretending that you DESPISED judges who "Legislated
from the bench" instead of basing their decisions upon the
law.
So, how did Harriet Mier's "Up or down vote" go in the
Senate? Remember when you ***** eaters were pretending
you cared about that stuff?
We do. We all do.
.
User: "Joseph Welch"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 10:22:55 AM
"JTEM" <gymraven@hotmail.com> wrote in message
news:dImdneG2w8yi8vrenZ2dnUVZ_tCdnZ2d@comcast.com...

So, how did Harriet Mier's "Up or down vote" go in the
Senate?

Miers was the victim of a pre-Congressional filibuster.
--
JW
***************
"You've done enough. Have you no sense of decency, sir, at long last? Have
you left no sense of decency?"
http://www.americanrhetoric.com/speeches/welch-mccarthy.html
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 11:12:35 AM
"Joseph Welch" <seattledemocracy@hotmail.com> wrote

Miers was the victim of a pre-Congressional filibuster.

Funny, not a single GOP Senator or talking head is complaining
about it.... just as they didn't when more than 60 of Bill
Clinton's nominees never received an "up or down vote."
If it weren't for double standards the Republicans would have
no standards at all...
.

User: "Paul Mitchum"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 05:01:26 PM
Joseph Welch <seattledemocracy@hotmail.com> wrote:

"JTEM" <gymraven@hotmail.com> wrote in message
news:dImdneG2w8yi8vrenZ2dnUVZ_tCdnZ2d@comcast.com...

So, how did Harriet Mier's "Up or down vote" go in the
Senate?


Miers was the victim of a pre-Congressional filibuster.

....by the religious right, no less. Her resignation was a victory for
*them.*
--
Take the pledge: <http://yesbushcan.com/pledge.shtml>
.
User: "Clave"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 10:11:25 PM
"Paul Mitchum" <usenet@mile23.c0m> wrote in message
news:1h5crrr.452kaxo8aouuN%usenet@mile23.c0m...

Joseph Welch <seattledemocracy@hotmail.com> wrote:

"JTEM" <gymraven@hotmail.com> wrote in message
news:dImdneG2w8yi8vrenZ2dnUVZ_tCdnZ2d@comcast.com...

So, how did Harriet Mier's "Up or down vote" go in the
Senate?


Miers was the victim of a pre-Congressional filibuster.


...by the religious right, no less. Her resignation was a victory for
*them.*

And just listen to the whining when Democrats oppose someone on ideological
grounds.
Jim
.
User: "Paul Mitchum"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 10:25:19 PM
Clave <ClaviusNoSpamDammit@cablespeed.com> wrote:

"Paul Mitchum" <usenet@mile23.c0m> wrote in message
news:1h5crrr.452kaxo8aouuN%usenet@mile23.c0m...

Joseph Welch <seattledemocracy@hotmail.com> wrote:

"JTEM" <gymraven@hotmail.com> wrote in message
news:dImdneG2w8yi8vrenZ2dnUVZ_tCdnZ2d@comcast.com...

So, how did Harriet Mier's "Up or down vote" go in the
Senate?


Miers was the victim of a pre-Congressional filibuster.


...by the religious right, no less. Her resignation was a victory for
*them.*


And just listen to the whining when Democrats oppose someone on
ideological grounds.

Jim

I think it's amusing, in a Samuel Beckett kind of way, that the right is
up in arms about an ill-defined judicial activism when it comes to Roe,
but if it's clear judicial activism on the issue of race, well, that's
just fine and dandy.
--
Take the pledge: <http://yesbushcan.com/pledge.shtml>
.
User: "Paul Duca"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to DiscriminateAgainst Blacks 02 Nov 2005 06:43:30 AM
in article 1h5d6xu.1ilpt001tqyzqcN%usenet@mile23.c0m, Paul Mitchum at
usenet@mile23.c0m wrote on 11/1/05 11:25 PM:

Clave <ClaviusNoSpamDammit@cablespeed.com> wrote:

"Paul Mitchum" <usenet@mile23.c0m> wrote in message
news:1h5crrr.452kaxo8aouuN%usenet@mile23.c0m...

Joseph Welch <seattledemocracy@hotmail.com> wrote:

"JTEM" <gymraven@hotmail.com> wrote in message
news:dImdneG2w8yi8vrenZ2dnUVZ_tCdnZ2d@comcast.com...

So, how did Harriet Mier's "Up or down vote" go in the
Senate?


Miers was the victim of a pre-Congressional filibuster.


...by the religious right, no less. Her resignation was a victory for
*them.*


And just listen to the whining when Democrats oppose someone on
ideological grounds.

Jim


I think it's amusing, in a Samuel Beckett kind of way, that the right is
up in arms about an ill-defined judicial activism when it comes to Roe,
but if it's clear judicial activism on the issue of race, well, that's
just fine and dandy.

--
How much money will that pledge get me...in THIS life, not the next?
Paul
.






User: "Joseph Welch"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 31 Oct 2005 11:54:05 PM
"brutus" <brutus@thebrute.com> wrote in message
news:NTC9f.4274$Rl1.3458@newsread1.news.pas.earthlink.net...

Alito dissented from a decision in favor of a Marriott Hotel manager
who said she had been discriminated against on the basis of race. The
majority explained that Alito would have protected racist employers by
"immuniz[ing] an employer from the reach of Title VII if the
employer's belief that it had selected the 'best' candidate was the
result of conscious racial bias." [Bray v. Marriott Hotels, 1997]

So what did the LAW say?

The law prohibits discrimination in hiring on the basis of race. See
http://www.eeoc.gov/policy/vii.html for details.
Scalito's judicial activism would have created a precedent whereby the
(racist) beliefs of the employer were given preference over the individual's
right to be free from racial discrimination in hiring.
--
JW
***************
"You've done enough. Have you no sense of decency, sir, at long last? Have
you left no sense of decency?"
http://www.americanrhetoric.com/speeches/welch-mccarthy.html
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 07:47:45 AM
"Joseph Welch" <seattledemocracy@hotmail.com> wrote

The law prohibits discrimination in hiring on the basis of race. See
http://www.eeoc.gov/policy/vii.html for details.

Scalito's judicial activism would have created a precedent whereby the
(racist) beliefs of the employer were given preference over the

individual's

right to be free from racial discrimination in hiring.

In other words, he ignored THE LAW and tried to LEGISLATE
FROM THE BENCH.
.
User: "Joseph Welch"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 10:22:19 AM
"JTEM" <gymraven@hotmail.com> wrote in message
news:Lt-dnVMRy4zl8vreRVn-qQ@comcast.com...
from racial discrimination in hiring.


In other words, he ignored THE LAW and tried to LEGISLATE
FROM THE BENCH.

Ayup.
--
JW
***************
"You've done enough. Have you no sense of decency, sir, at long last? Have
you left no sense of decency?"
http://www.americanrhetoric.com/speeches/welch-mccarthy.html
.



User: "Yang, AthD h.c, Kicking AWOLs Cocaine Snorting Ass"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 31 Oct 2005 11:21:51 PM
On Tue, 01 Nov 2005 05:17:33 GMT, "brutus" <brutus@thebrute.com>
wrote:


"Yang, AthD (h.c), Kicking AWOL's Cocaine Snorting *****"
<eacmole@/*AWOLBUSH*/mail.com> wrote in message
news:d2qdm15c50ia24ndp29qc1585dsrssr1po@4ax.com...

I guess affirmative action is okay if it benefits White People!

http://thinkprogress.org/2005/10/31/samuel-alitos-america/


Alito dissented from a decision in favor of a Marriott Hotel manager
who said she had been discriminated against on the basis of race. The
majority explained that Alito would have protected racist employers by
"immuniz[ing] an employer from the reach of Title VII if the
employer's belief that it had selected the 'best' candidate was the
result of conscious racial bias." [Bray v. Marriott Hotels, 1997]



-----

Yang


So what did the LAW say? I bet you really don't care, do you?

So whay don't you tell me, I bet you're full of *****, aren't you?
-----
Yang
a.a. #28
AthD (h.c.) conferred by the regents of the LCL
a.a. pastor #-273.15, the most frigid church of Celcius nee Kelvin
EAC Econometric Forecast and Sorcery Division
Proudly plonked by Lani Girl and Crazyalec (aka
aka Yang's little poltregeist *****)
The Bush 'balanced' budget: 1.6 trillion and worsening
The Bush 'economic' policy: 12.5 million FEWER jobs than Clinton and counting
The Bush Iraq lie: -2025 GIs, one friend's co-worker's son and mounting
Having Bush ***** up my country: Worthless
-----
"Now, did I want to go? Hell no."
-duke (duckgumbo32@cox.net), aka Earl J Weber, 63
year old mateless, heirless biological failure
of Afton Oaks Apartment, Baton Rouge, on why
a Neocon chickenhawk like him pussied out of
the Vietnam War.
.
User: "Duly Appointed Bitchslapper"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 31 Oct 2005 11:45:35 PM
"Yang, AthD (h.c), Kicking AWOL's Cocaine Snorting *****"
<eacmole@/*AWOLBUSH*/mail.com> wrote in message
news:pqudm1hedqjej1ie3g4ffmrat4h16u7l96@4ax.com...

On Tue, 01 Nov 2005 05:17:33 GMT, "brutus" <brutus@thebrute.com>
wrote:


"Yang, AthD (h.c), Kicking AWOL's Cocaine Snorting *****"
<eacmole@/*AWOLBUSH*/mail.com> wrote in message
news:d2qdm15c50ia24ndp29qc1585dsrssr1po@4ax.com...

I guess affirmative action is okay if it benefits White People!

http://thinkprogress.org/2005/10/31/samuel-alitos-america/


Alito dissented from a decision in favor of a Marriott Hotel manager
who said she had been discriminated against on the basis of race. The
majority explained that Alito would have protected racist employers by
"immuniz[ing] an employer from the reach of Title VII if the
employer's belief that it had selected the 'best' candidate was the
result of conscious racial bias." [Bray v. Marriott Hotels, 1997]



-----

Yang


So what did the LAW say? I bet you really don't care, do you?



So whay don't you tell me, I bet you're full of *****, aren't you?

In other words, you mindlessly repeated some talking points issued to you by
your liberal handlers, but you got all pissy when somebody asked you to
actually discuss the specific legal issue. Once again, here we have proof
that left-wingers are more interested in over-the-top accusations as opposed
to actually dealing with facts.
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 07:44:24 AM
"Duly Appointed Bitchslapper" <dab68@aol.com> wrote

In other words, you mindlessly repeated some talking points
issued to you by your liberal handlers,

http://www.eeoc.gov/policy/vii.html
This isn't a difficult concept here. There really wasn't any need
at all to read the actual act. What it does is protect people from
discrimination, including discrimination in employment.
That's all you needed to know.
Well, that and the fact that Alito IGNORED the law, chose to
LEGISLATE FROM THE BENCH rather than apply the law.
Only a few months ago you losers were pretending you were
against that sort of thing. You know, just like the way you
were pretending that it was *Awful* if a Bush nominee didn't
get an "Up or down vote."
Of course, we all knew you were lying even before now, even
before you proved it here.
But thank you anyway.
.

User: "Joseph Welch"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 31 Oct 2005 11:55:26 PM
"Duly Appointed Bitchslapper" <dab68@aol.com> wrote in message
news:cacdf$436700f0$45035f0b$31625@msgid.meganewsservers.com...

In other words, you mindlessly repeated some talking points issued to you
by
your liberal handlers, but you got all pissy when somebody asked you to
actually discuss the specific legal issue.

The "specific legal issue" (Title VII) can be found and described here:
http://www.eeoc.gov/policy/vii.html
Judicial activist Scalito would have created a new law that exempted racist
employers from hiring anyone they didn't like based on their race.
--
JW
***************
"You've done enough. Have you no sense of decency, sir, at long last? Have
you left no sense of decency?"
http://www.americanrhetoric.com/speeches/welch-mccarthy.html
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 11:03:46 AM
"Joseph Welch" <seattledemocracy@hotmail.com> wrote in message
news:1130824526.238f3db49f9d76390582b3e4084e2828@meganetnews2...


"Duly Appointed Bitchslapper" <dab68@aol.com> wrote in message
news:cacdf$436700f0$45035f0b$31625@msgid.meganewsservers.com...

In other words, you mindlessly repeated some talking points issued to you
by
your liberal handlers, but you got all pissy when somebody asked you to
actually discuss the specific legal issue.


The "specific legal issue" (Title VII) can be found and described here:

http://www.eeoc.gov/policy/vii.html

Judicial activist Scalito would have created a new law that exempted
racist employers from hiring anyone they didn't like based on their race.

--
JW

Now read the court's opinion:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby=case&no=971559p
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 11:23:31 AM
"brutus" <brutus@thebrute.com> wrote

Now read the court's opinion:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby=case&no=971
559p
That isn't the case. That isn't the opinion discussed here. What that is
is a link to the APPEALS COURT DECISION, the one that over-turned
the Nazi's opinion.
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 01 Nov 2005 10:09:30 PM
"JTEM" <gymraven@hotmail.com> wrote in message
news:ZrSdnaYJzYyXP_reRVn-ig@comcast.com...


"brutus" <brutus@thebrute.com> wrote

Now read the court's opinion:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby=case&no=971
559p

That isn't the case. That isn't the opinion discussed here. What that is
is a link to the APPEALS COURT DECISION, the one that over-turned
the Nazi's opinion.

Give me a link then...
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 03 Nov 2005 09:17:59 AM
"brutus" <brutus@thebrute.com> wrote

Give me a link then...

What? You want me to do your work for you?
A cite was provided. You disputed that cite. You produced
a cite of your own, only it DID NOT show what you pretended
it showed.
Admit your error, *****.
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 03 Nov 2005 10:16:11 AM
"JTEM" <gymraven@hotmail.com> wrote in message
news:NbOdndkrkMkBuvfenZ2dnUVZ_t2dnZ2d@comcast.com...


"brutus" <brutus@thebrute.com> wrote

Give me a link then...


What? You want me to do your work for you?

A cite was provided. You disputed that cite. You produced
a cite of your own, only it DID NOT show what you pretended
it showed.

Admit your error, *****.

Name calling - how mature! *I* gave the cite, fool, and you said it was the
wrong one. Now, for the life of me I can't figure out how a Appeals court
judge could rule on something other then an appeal (remember, you said "That
isn't the case. That isn't the opinion discussed here. What that is is a
link to the APPEALS COURT DECISION, ..") but I am waiting for you to prove
me wrong.
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 03 Nov 2005 12:14:11 PM
"brutus" <brutus@thebrute.com> wrote

A cite was provided. You disputed that cite. You produced
a cite of your own, only it DID NOT show what you pretended
it showed.

Admit your error, *****.

Name calling - how mature!

An observation.

*I* gave the cite, fool,

I said that. Above. You quoted it. Apparently you haven't the
faintest idea what "Fool" means...

and you said it was the wrong one.

You claimed it was a cite to the case in question, and it
wasn't. It was a cite to the ruling which OVERTURNED
the case. And it didn't make your butt buddy look good,
either. If anything, it showed that your man is an idiot.
| The district court noted that the occupational grade levels of
| 45 and 43 for Riehle and Bray respectively meant that "Ms.
| Riehle had attained the position of Assistant Director of
| Services at the New York Marquis Marriott while plaintiff
| had only risen to the level of Housekeeping Manager at the
| Park Ridge Marriott." Dist. Ct. Op. at 6 (emphasis added).
| The court repeatedly notes that Bray had " only " attained the
| level of Housekeeping Manager at the Park Ridge while
| Riehle had earned the title of Assistant Director of Services
| at the New York Marquis Marriott. See Dist. Ct. Op. at 14, 15,
| 18. However, Nemetz testified in his deposition that there
| was no difference in these job classifications. "It is based on
| the size of the hotel" with bigger hotels calling the position
| "Assistant Director of Services" and smaller hotels calling it
| "Housekeeping Manager." App. at 239a. Nemetz even conceded
| that Bray could not have held a higher position than the one she
| had without the promotion she was seeking as that was the only
| position above Housekeeping Manager at her hotel.
So, by your own cite, your wonderboy is a fucking moron who
*Repeatedly* harped on a nonexisting "fact."
And this wasn't the only boneheaded thing he did! There were
other disgraces as well! In addition to not being able to spot
a fact even when it's established in his own courtroom, the
***** didn't even know his own role! That, or he just didn't
care! He was too interesting in making law than judging it!
Your cite -- your cite -- demonstrates that your man isn't fit
to sit on the bench.
But apparently you didn't even read your own fucking cite...
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 03 Nov 2005 07:55:38 PM
"JTEM" <gymraven@hotmail.com> wrote in message
news:P4adnRD6xZV3zffeRVn-jg@comcast.com...


"brutus" <brutus@thebrute.com> wrote

A cite was provided. You disputed that cite. You produced
a cite of your own, only it DID NOT show what you pretended
it showed.

Admit your error, *****.


Name calling - how mature!


An observation.

*I* gave the cite, fool,


I said that. Above. You quoted it. Apparently you haven't the
faintest idea what "Fool" means...

and you said it was the wrong one.


You claimed it was a cite to the case in question, and it
wasn't. It was a cite to the ruling which OVERTURNED
the case. And it didn't make your butt buddy look good,
either. If anything, it showed that your man is an idiot.

| The district court noted that the occupational grade levels of
| 45 and 43 for Riehle and Bray respectively meant that "Ms.
| Riehle had attained the position of Assistant Director of
| Services at the New York Marquis Marriott while plaintiff
| had only risen to the level of Housekeeping Manager at the
| Park Ridge Marriott." Dist. Ct. Op. at 6 (emphasis added).
| The court repeatedly notes that Bray had " only " attained the
| level of Housekeeping Manager at the Park Ridge while
| Riehle had earned the title of Assistant Director of Services
| at the New York Marquis Marriott. See Dist. Ct. Op. at 14, 15,
| 18. However, Nemetz testified in his deposition that there
| was no difference in these job classifications. "It is based on
| the size of the hotel" with bigger hotels calling the position
| "Assistant Director of Services" and smaller hotels calling it
| "Housekeeping Manager." App. at 239a. Nemetz even conceded
| that Bray could not have held a higher position than the one she
| had without the promotion she was seeking as that was the only
| position above Housekeeping Manager at her hotel.

So, by your own cite, your wonderboy is a fucking moron who
*Repeatedly* harped on a nonexisting "fact."

And this wasn't the only boneheaded thing he did! There were
other disgraces as well! In addition to not being able to spot
a fact even when it's established in his own courtroom, the
***** didn't even know his own role! That, or he just didn't
care! He was too interesting in making law than judging it!

Your cite -- your cite -- demonstrates that your man isn't fit
to sit on the bench.

But apparently you didn't even read your own fucking cite...

I did. Here is the pertinant part:
"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out the
evidentiary requirements a plaintiff has to satisfy in order to survive a
motion for summary judgment in a "pretext" employment discrimination case
under Title VII. We held that where the employer has proffered a legitimate
reason for its employment action, the plaintiff must submit evidence that
either :
(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
than not a motivating or determinative cause of the adverse employment
action.
Id. at 762 (emphasis added). In Sheridan v. E.I. DuPont de Nemours & Co. ,
100 F.3d 1061, 1067 (3d Cir. 1996), petition for cert. filed , 65 U.S.L.W.
3571 (Feb 03, 1997) (No. 96-1231), the en banc court reaffirmed Fuentes . I
dissent here because I do not see the plaintiff, Beryl Bray, as having met
the Fuentes evidentiary burden for showing pretext.
In the district court, Bray argued that she was entitled to survive
Marriott's summary judgment motion because she had satisfied both prongs of
the two-prong Fuentes test. On prong one, which involves discrediting the
employer's proffered legitimate reasons for the employment decision, Bray's
argument was that she "exceeded Ms. Riehle [her competitor, who was promoted
instead] in every objective test that could be employed to evaluate the two
candidates and that the only criteria under which Ms. Riehle exceeded
plaintiff involved subjective inquiries which are simply not credible."
(Dist. Ct. Op. at 17-18). On prong two, which requires plaintiff to show
that racial discrimination was more likely than not a motivating or
determinative cause of the adverse employment decision, Bray pointed to a
document setting forth the minority hiring goals of the Park Ridge Marriott,
and alleged that the failure to meet these goals made it "more probable than
not that racial discrimination was a motivating or determinative factor in
her rejection for the position of Director of Services." (Dist. Ct. Op. at
21). The district court found Bray's arguments insufficient on both prongs
and granted the Marriott's motion for summary judgment.
As I read Bray's brief on appeal, she is challenging the district court's
determination on prong one. She says she has "pointed to enough weaknesses,
implausibilities, inconsistencies, incoherences or contradictions in the
employer[']s proffered legitimate reasons to overcome summary judgment
regarding plaintiff's Title VII claim." (Appellant's Br. at 2). Marriott's
proffered legitimate reason for why it promoted Therese Riehle over Bray was
that Riehle was better qualified. Bray counters with the assertion that the
evidence shows that her qualifications were so much better than those of
Riehle that "there is no reasonable explanation as to why Riehle was given
the position over Beryl Bray other than using race as a consideration." 12
(Appellant's Br. at 6).
What kind of evidence does prong one require? The prong one requirement is
that plaintiff has to point to "evidence, either direct or circumstantial,
from which a factfinder could reasonably . . . disbelieve the employer's
articulated reasons." Fuentes , 32 F.3d at 764. Fuentes explains that:
To discredit the employer's proffered reason, however, the plaintiff
cannot simply show that the employer's reason was wrong or mistaken, since
the factual dispute at issue is whether discriminatory animus motivated the
employer, not whether the employer is wise, shrewd, prudent, or competent.
Rather, the non-moving plaintiff must demonstrate such weaknesses,
implausibilities, inconsistencies, or contradictions in the employer's
proffered legitimate reasons for its action that a reasonable factfinder
could rationally find them unworthy of credence.
Id. at 765 (internal citations and quotations omitted).
Fuentes tells us that the burden on a plaintiff who chooses to proceed under
prong one is a "difficult" one. Id. at 765. That the burden under prong one
is "difficult" makes sense because plaintiff is attempting to indirectly
produce an inference of intentional discrimination out of the fact that the
employer's proffered reason was untrue. Hence, where, as is the case here,
the defendant asserts that it made the choice among candidates that it did
because it wanted the "best qualified" candidate, plaintiff would have to
point to evidence that showed either (1) that the defendant's selection
process and criteria were filled with such inconsistencies that the
employer's claim that it was seeking the "best qualified" candidate was a
sham or (2) that the qualifications of the person actually promoted were so
much lower than those of her competitors that a reasonable factfinder could
disbelieve the claim that the employer was honestly seeking the best
qualified candidate.
It is crucial to understand that prong one is not satisfied if plaintiff
merely points to evidence that shows that her qualifications were roughly
comparable to those of her competitors. Nor is prong one satisfied by
evidence that the employer is not "fair" or "kind" as a general matter.
Prong one requires that plaintiff point to evidence from which a reasonable
factfinder can " disbelieve the employer's articulated reasons." Fuentes ,
32 F.3d at 764 (emphasis added). "Disbelieve" is a higher standard than
"disagree." It is not enough for the evidence to be such that a reasonable
factfinder could disagree with the employer as to which candidate was better
qualified. Instead, the evidence must be such that a reasonable factfinder
can infer that the employer was not truly looking for the best qualified
candidate, i.e. , that the employer's articulated legitimate reason was
pretextual. The burden on a plaintiff seeking to proceed on prong one is
difficult, but as Fuentes explains, "'[i]t arises from an inherent tension
between the goal of all discrimination law and our society's commitment to
free decisionmaking by the private sector in economic affairs.'" 32 F.3d at
765 (quoting Ezold v. Wolf, Block, Schorr & Solis-Cohen , 983 F.2d 509, 531
(3d Cir. 1992), cert. denied , 510 U.S. 826 (1993)).
Moving back to the case at hand, Bray's burden under prong one was to show
either that there were so many inconsistencies in the criteria and
procedures that Marriott used in its selection process that a reasonable
factfinder could infer that the process was a sham and was not aimed at
finding the best qualified candidate, or that Bray herself was so much
better qualified than Riehle for the job in question that a reasonable
factfinder could conclude that Marriott did not, in fact, honestly believe
that Riehle was better qualified than Bray. I dissent because the majority
has not come close to holding Bray to her burden under prong one and has
thereby impermissibly diluted Fuentes ' prong one requirements for crossing
summary judgment.
The majority here, after articulating the prong one test from Fuentes , goes
on to cite Josey v. John R. Hollingsworth Corp. , 996 F.2d 632, 638-39 (3d
Cir. 1993), for the proposition that "[a]n inference of pretext may arise if
the plaintiff can raise suspicions with respect to the defendant's
credibility or the employer's treatment of the employee." Maj. Op. at 8
(emphasis added). Relying upon this statement derived from Josey , the
majority identifies evidence from which a factfinder could conclude that
Marriott may have treated Bray unfairly in not following the proper internal
firm processes in rejecting her. I acknowledge that this evidence does
literally satisfy the statement that "[a]n inference of pretext may arise if
the plaintiff can raise suspicions with respect the defendant's credibility
or the employer's treatment of the employee." Maj. Op. at 8 (citing Josey ,
996 F.3d at 638-39) (emphasis on a term added by majority). But that
statement has to be read in context. The relevant context is that the
evidence of "suspicion" has to be such that it could allow a reasonable
factfinder to conclude that the employer's proffered reason for the
non-promotion was a lie . That the plaintiff has been able to identify
evidence showing that the employer did not follow the proper internal
procedures, or that the employer was not completely truthful in its
depositions, should not by itself enable the plaintiff to cross the summary
judgment hurdle if the identified evidence would not enable a reasonable
factfinder to conclude that the employer's proffered reason for denying the
promotion was false . In other words, so long as Bray is proceeding on prong
one, she is required to point to evidence from which a reasonable factfinder
could infer that Marriott did not honestly believe that Riehle was better
qualified than Bray.
To me, the evidence in this case shows two things -- (1) that the
qualifications of Bray and Riehle for the Director of Services position they
were seeking were roughly equal and (2) that Marriott may have treated Bray
unfairly by not following its own internal procedures as to giving her
proper notice that she had been rejected and failing to give her a proper
explanation for her rejection. If we had a case where the only evidence was
that the competing employees had qualifications that were roughly similar
and the job in question was a service-sector managerial position, such as
the one here, the case would be easy. In such service-sector managerial jobs
the qualifications of the candidates are often no more than loosely
correlated with the position to which the candidates are seeking promotion,
and the qualifications being weighed tend to include subjective internal
evaluations of the candidates as important components of the final
determination. In such a case, unless the qualifications of the candidates
are extremely disproportionate, it is hard to see how a district court could
deny summary judgment to an employer who claims that it, in its business
judgment , thought one candidate was better qualified than the other. Cf.
Ezold , 983 F.2d at 527 (cautioning against "'unwarranted invasion or
intrusion' into matters involving professional judgments about an employee's
qualifications for promotion").
The majority's claim, however, is that there is more than merely evidence as
to the candidates' qualifications that shows them to be roughly equal. The
claim is that there is evidence of such inconsistencies and discrepancies in
the selection process that it would allow a reasonable factfinder to
disbelieve Marriott's claim that it promoted Riehle because it thought her
to be best qualified. I will list that evidence and attempt to show why it
does not bring into question Marriott's claim that it promoted Riehle
because it thought she was better qualified than Bray.
First, Marriott had a procedure for in-house promotions whereby, upon
conclusion of a screening of the candidates, only one person could be chosen
for a personal interview with the hiring manager. Maj. Op. at 11. After this
interview, the hiring manager had to decide whether to hire the candidate
before conducting further interviews. Maj. Op. at 11. Bray claims, and we
take that claim as fact, that she was interviewed for the Director of
Services position first. Maj. Op. at 12. Therefore, before Marriott could
conduct subsequent interviews, its internal procedures required it to reject
Bray first. Maj. Op. at 12. However, Bray did not learn that she had been
turned down for the position until after Riehle had been interviewed and
offered the job. Maj. Op. at 12.
This evidence does not show any more than the fact that Marriott did not
comply with its internal rules by failing to inform Bray that she had been
rejected before interviewing and hiring another candidate. The majority,
however, sees this evidence as combining with other evidence from
depositions to warrant reversal of the district court's grant of summary
judgment to Marriott.
The second piece of evidence identified by the majority is that Leo Nemetz,
the General Manager at the Park Ridge Marriott, testified at his deposition,
with respect to Bray, that:
I thought she was an excellent employee who was a maintainer. If I thought
she was capable of doing the job, I may have given it to her . But I was
looking for the best qualified candidate.
Maj. Op. at 13 (emphasis added by majority). The majority latches on to the
statement of Nemetz that he did not think Bray "capable of doing the job,"
and claims that the statement was so clearly erroneous that a factfinder
could have concluded that there was illegal bias in the selection process.
Maj. Op. at 13. I utterly fail to see this. As a literal matter Nemetz
appears to have been in error in suggesting that Bray was not "capable of
doing the job." But in his very next statement, he qualified what he had
said about Bray by explaining: "[b]ut I was looking for the best qualified
candidate." Maj. Op. at 13 (emphasis added). This latter statement implies
that Nemetz thought that Bray was not the " best " among the candidates, and
that that was what he meant by stating that Bray was not qualified -- as
opposed to Nemetz thinking that Bray did not possess the minimal
qualifications necessary to perform the job. But the majority ignores
Nemetz's explanation that he was looking for the "best qualified candidate."
For me, Nemetz's explanation makes it clear that the former statement, "[i]f
I thought she was capable of doing the job, I may have given it to her" was
no more than loose language. That this was no more than loose language is
confirmed by the fact that Nemetz, upon being pressed by Bray's counsel as
to whether he really meant that Bray did not possess the minimal
qualifications for the job, withdrew that statement. Maj. Op. at 13-14. The
majority, however, isolates the "[not] capable of doing the job" language
and concludes that there is evidence from which it could be inferred that
the employer was not truly looking for the "best qualified candidate."
In any event, it does not matter whether Nemetz was in error in stating that
he thought Bray was not qualified. The issue is whether Marriott was not
credible in its proffer that it honestly thought Riehle to be the "best
qualified" candidate. I fail to see how pointing to loose language in a
deposition satisfies this burden.
The majority then proceeds to identify another piece of evidence that it
says casts "[f]urther doubt . . . upon the selection process." Maj. Op. at
14. This evidence is deposition testimony by Nemetz that Riehle had been
"unanimously" selected by a three-member selection committee as the number
one candidate. Maj. Op. at 14. Later, Nemetz modified his position to
explain that one of the three members, George Joosten, had asked to stay out
of the decision. 13 Maj. Op. at 14. What would this evidence show a
reasonable factfinder? It does not attack or bring into doubt any of
Riehle's qualifications. Instead, all it shows is that Nemetz, once again,
was loose with his characterization of the facts as to the selection
process. However, unless the evidence goes to undermine Marriott's assertion
that it thought Riehle was better qualified and promoted her for that
reason, Bray should lose at summary judgment. 14
I will not test the reader's patience by describing the comparative evidence
as to Bray's and Riehle's qualifications. I merely reiterate that while the
evidence may not show that Riehle was clearly the superior candidate, as the
district court thought, it shows that the candidates were approximately
equal in qualifications. Reasonable people could probably differ on their
thoughts as to which candidate was better qualified, but that is not the
question. Instead the question in this prong one analysis is whether a
reasonable factfinder could determine, based on the evidence, that Marriott
could not have honestly thought that Riehle was better qualified. Given the
subjective nature of many of the qualifications being considered and the
amorphous nature of the question of what qualifications were needed to
perform the specific job for which promotion was being sought, I do not see
how a reasonable factfinder could find that Marriott did not honestly think
Riehle to be better qualified. The inconsistencies and discrepancies that
Bray identified were too minor and the qualifications of the candidates too
similar for a reasonable factfinder to determine that Marriott was lying
when it stated that Riehle was selected because Marriott believed she was
more qualified.
There is only one piece of evidence that the majority points to that I see
as directly attacking Marriott's claim that it thought Riehle was better
qualified. Nemetz testified that Riehle's higher performance ratings
("PAFs") were a crucial factor in Marriott's thinking that Riehle was
better qualified than Bray. Maj. Op. at 17. It is undisputed that Riehle's
raw PAF scores were higher than those of Bray. Riehle had two scores of "1"
and one of "2," whereas all of Bray's scores were "2s." But the majority has
found evidence in the record that it views as showing these scores to be
suspicious. What the majority has found is that one of Riehle's evaluations
was a "semi-annual" evaluation, as opposed to the normal "annual"
evaluation. Maj. Op. at 18. This, the majority suggests, puts the PAF scores
under suspicion.
I agree that if indeed Riehle was given an additional, unscheduled and
unexplainable review, it looks like an improper bolstering of credentials ,
and could make it somewhat plausible for a factfinder to conclude that
Marriott did not think that Riehle was, in fact, better qualified. But I can
find no mention of this "semi-annual" review, let alone any argument based
on it, anywhere in Bray's briefs. 15 Nor can I find reference to this point
in the papers opposing summary judgment that Bray filed in the district
court. I believe it is problematic to attach importance to inferences that
could be drawn from evidence that the parties have not had an opportunity to
adequately consider and explain.
We asked Marriott's counsel about the "semi-annual" review at oral argument
and he did not have an explanation. Maj. Op. at 18 n.6. But Marriott's
counsel had probably never asked his client to explain the "semi-annual"
review to him. My unease with attaching too much significance to counsel's
failure to explain is further amplified by the fact that Marriott's counsel
at trial had passed away in the period between trial and appeal, and counsel
on appeal was new.
In sum, the evidence here shows (1) that the two applicants were of roughly
equal qualifications with respect to the job for which they were seeking
promotion and (2) that the employer may have acted unfairly in failing to
follow proper internal procedures in rejecting one of the candidates. Under
existing anti-discrimination law, evidence of unfairness in the selection
process alone, without evidence linking the unfairness to race-based animus
, should not be enough to get a plaintiff beyond summary judgment, so long
as the employer's proffered legitimate reason for the employment decision
remains intact . I respectfully suggest that what the majority here has done
is to weaken the burden on the plaintiff at the pretext stage of the
McDonnell Douglas framework to one where all the plaintiff needs to do is to
point to minor inconsistencies or discrepancies in terms of the employer's
failure to follow its own internal procedures in order to get to trial. I
have no doubt that in the future we are going to get many more cases where
an employer is choosing between competing candidates of roughly equal
qualifications and the candidate who is not hired or promoted claims
discrimination. I also have little doubt that most plaintiffs will be able
to use the discovery process to find minor inconsistencies in terms of the
employer's having failed to follow its internal procedures to the letter.
What we end up doing then is converting anti-discrimination law into a
"conditions of employment" law, because we are allowing disgruntled
employees to impose the costs of trial on employers who, although they have
not acted with the intent to discriminate, may have treated their employees
unfairly. This represents an unwarranted extension of the
anti-discrimination laws. "
Makes sense to me.
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 04 Nov 2005 05:48:16 AM
"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:
"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :

Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there was no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.
So your very own "Cite" establishes that this guy is a bad judge.
Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:
http://tinyurl.com/9ubpu
The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!
| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'
So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?
| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case
So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 04 Nov 2005 11:02:40 AM
"JTEM" <gymraven@hotmail.com> wrote in message
news:BuydnZksxNZl2vbeRVn-iQ@comcast.com...


"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:


"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :


Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there was no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.

So your very own "Cite" establishes that this guy is a bad judge.

Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:

http://tinyurl.com/9ubpu

The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!

Your opinion is pretty much worthless, so thanks for nothing.
Brutus
.
User: "JTEM"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 04 Nov 2005 12:42:21 PM
"brutus" <brutus@thebrute.com> wrote

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!

Your opinion is pretty much worthless, so thanks for nothing.

It was *His* opinion back in 1990! Your man, your butt buddy
said he wasn't qualified to judge cases involving Vanguard, but
he did just that! And then the corrupt ***** had the nerve to
complain when he was asked to recurse himself, exactly like
he said he would!
The idiot isn't fit to flip burgers.
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to Discriminate Against Blacks 04 Nov 2005 08:00:18 PM
"JTEM" <gymraven@hotmail.com> wrote in message
news:RcmdnU7oJMH5MvbeRVn-rw@comcast.com...


"brutus" <brutus@thebrute.com> wrote

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!


Your opinion is pretty much worthless, so thanks for nothing.


It was *His* opinion back in 1990! Your man, your butt buddy
said he wasn't qualified to judge cases involving Vanguard, but
he did just that! And then the corrupt ***** had the nerve to
complain when he was asked to recurse himself, exactly like
he said he would!

The idiot isn't fit to flip burgers.

So I assume you have progressed to a much higher standing in society then he
has?
Brutus
.


User: "Paul Duca"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to DiscriminateAgainst Blacks 04 Nov 2005 10:16:08 PM
in article QuMaf.5622$Rl1.1249@newsread1.news.pas.earthlink.net, brutus at
brutus@thebrute.com wrote on 11/4/05 12:02 PM:


"JTEM" <gymraven@hotmail.com> wrote in message
news:BuydnZksxNZl2vbeRVn-iQ@comcast.com...


"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:


"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :


Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there was no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.

So your very own "Cite" establishes that this guy is a bad judge.

Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:

http://tinyurl.com/9ubpu

The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!


Your opinion is pretty much worthless, so thanks for nothing.

Something you do all the time, to the people to which you bow and
scrape.
Paul
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers to DiscriminateAgainst Blacks 04 Nov 2005 11:05:17 PM
"Paul Duca" <p.duca@comcast.net> wrote in message
news:BF919C38.1B29B%p.duca@comcast.net...

in article QuMaf.5622$Rl1.1249@newsread1.news.pas.earthlink.net, brutus at
brutus@thebrute.com wrote on 11/4/05 12:02 PM:


"JTEM" <gymraven@hotmail.com> wrote in message
news:BuydnZksxNZl2vbeRVn-iQ@comcast.com...


"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:


"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :


Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there was
no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.

So your very own "Cite" establishes that this guy is a bad judge.

Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:

http://tinyurl.com/9ubpu

The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!


Your opinion is pretty much worthless, so thanks for nothing.




Something you do all the time, to the people to which you bow and
scrape.


Paul

Jeepers, Paul, did you think that up all by yourself?
Brutus
.
User: "Paul Duca"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers toDiscriminateAgainst Blacks 05 Nov 2005 07:31:19 PM
in article h4Xaf.66$Id6.62@newsread1.news.pas.earthlink.net, brutus at
brutus@thebrute.com wrote on 11/5/05 12:05 AM:


"Paul Duca" <p.duca@comcast.net> wrote in message
news:BF919C38.1B29B%p.duca@comcast.net...

in article QuMaf.5622$Rl1.1249@newsread1.news.pas.earthlink.net, brutus at
brutus@thebrute.com wrote on 11/4/05 12:02 PM:


"JTEM" <gymraven@hotmail.com> wrote in message
news:BuydnZksxNZl2vbeRVn-iQ@comcast.com...


"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:


"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :


Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there was
no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.

So your very own "Cite" establishes that this guy is a bad judge.

Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:

http://tinyurl.com/9ubpu

The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!


Your opinion is pretty much worthless, so thanks for nothing.




Something you do all the time, to the people to which you bow and
scrape.


Paul


Jeepers, Paul, did you think that up all by yourself?

If Brutus could accomplish that, he'd do better than waving a flag
and pretending money will come to him.
Paul
.
User: "brutus"

Title: Re: Bush's SCOTUS Pick, It's Okay for Employers toDiscriminateAgainst Blacks 05 Nov 2005 11:22:23 PM
"Paul Duca" <p.duca@comcast.net> wrote in message
news:BF92C717.1B4AE%p.duca@comcast.net...

in article h4Xaf.66$Id6.62@newsread1.news.pas.earthlink.net, brutus at
brutus@thebrute.com wrote on 11/5/05 12:05 AM:


"Paul Duca" <p.duca@comcast.net> wrote in message
news:BF919C38.1B29B%p.duca@comcast.net...

in article QuMaf.5622$Rl1.1249@newsread1.news.pas.earthlink.net, brutus
at
brutus@thebrute.com wrote on 11/4/05 12:02 PM:


"JTEM" <gymraven@hotmail.com> wrote in message
news:BuydnZksxNZl2vbeRVn-iQ@comcast.com...


"brutus" <brutus@thebrute.com> wrote

But apparently you didn't even read your own fucking cite...


I did. Here is the pertinant part:


"
ALITO, Circuit Judge , dissenting:
In Fuentes v. Perskie , 32 F.3d 759 (3d Cir. 1994), we laid out
the evidentiary requirements a plaintiff has to satisfy in order to
survive a motion for summary judgment in a "pretext" employment
discrimination case under Title VII. We held that where the
employer has proffered a legitimate reason for its employment
action, the plaintiff must submit evidence that either :


Two problems with this. The first & most obvious is that this decision
was made IGNORING facts that had been established (as demonstrated
in my previous quote). Secondly, he over stepped his bounds... in a
big
way. He's deciding the case, when in fact that is left to a jury. He's
saying
that -- based on his ignoring of facts -- he's satisfied that there
was
no
discrimination. But it's a jury who decides that, as the appeals court
stated when they over-turned his decision.

So your very own "Cite" establishes that this guy is a bad judge.

Interesting, but aother example of Alito's incompetence/corruption
just surfaced in the Boston globe:

http://tinyurl.com/9ubpu

The people they interview for the story are obvious biased (Alito
did rule against them), but the issue is clear. Alito REFUSED to
recurse himself even when the case presented a clear conflict of
interest, and even though he himself had previously identified that
conflict of interest!

| "In 1990, when Alito was seeking US Senate approval for his
| nomination to be a circuit judge, he said in written answers to
| a questionnaire that he would disqualify himself from ''any cases
| involving the Vanguard companies.'

So Alito himself -- all on his own -- identified the conflict of
interest long before he heard this woman's case. So why didn't
he recurse himself from a KNOWN conflict?

| Among other things, Globe reporters Sarah Schweitzer and
| Michael Kranish revealed that court records show that Alito
| later complained about an effort to remove him from the case

So when the man became a federal judge he said he wasn't
qualified to hear any cases involving Vanguard, and then he
actually complains when someone wants him removed from
a case involving Vanguard!


Your opinion is pretty much worthless, so thanks for nothing.




Something you do all the time, to the people to which you bow and
scrape.


Paul


Jeepers, Paul, did you think that up all by yourself?




If Brutus could accomplish that, he'd do better than waving a flag
and pretending money will come to him.


Paul

Hey Paul, you better go get some sleep because you quit making sense a post
or two ago.
Brutus
.


















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