United States Sixth Circuit

In a Title VII action claiming that Defendant failed to promote Plaintiff on the basis of her race and sex, summary judgment for Defendant is affirmed in part, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant's claim of mistake was a pretext for race discrimination; but reversed in part, where the combination of close temporal proximity between an employer-s heightened scrutiny and plaintiff's filing of an EEOC charge is sufficient to establish the causal nexus needed to establish a prima facie case of retaliation.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

• Before:  BATCHELDER, COLE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Colangelo, NAACP Legal Defense & Educational Fund, Inc., New York, NY, for Appellant.  David A. Whitcomb, Baker & Ho Stetler LLP, Columbus, OH, for Appellee.   ON BRIEF:  Matthew Colangelo, NAACP Legal Defense & Educational Fund, Inc., New York, NY, Kenneth G. Hawley, Cincinnati, OH, for Appellant.  David A. Whitcomb, Baker & Hostetler LLP, Columbus, OH, for Appellee.