United States Fifth Circuit

In a race discrimination and retaliation suit brought by an African-American employee, district court erred in granting summary judgment to the employer where: 1) all claims were timely because the statute of limitations was tolled through the conclusion of an appeal on a similar discrimination class action against UPS in which plaintiff was a class member; and 2) plaintiff had submitted sufficient evidence to make out a prima facie case of discriminatory and retaliatory pay disparity.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, CLEMENT and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Virginia M. O'Leary, O'Leary & Associates, Darlene Carole Robinson (argued), Robinson & Associates, Oakland City, CA, for Taylor.


• For Appellees:
  
• Kim Maria Boyle (argued), MaryJo L. Roberts, Phelps Dunbar, New Orleans, LA, for Defendant-Appellee.