The Vanishing Jury Trial: Fifth Circuit Continues To Be A Difficult Place To Get A Jury Trial In Discrimination Cases

The Vanishing Jury Trial: Fifth Circuit Continues To Be A Difficult Place To Get A Jury Trial In Discrimination Cases

Originally published by Christopher McKinney.

In a discrimination or hostile environment case, statements made by co-workers and management indicating a discriminatory bias. However, the law has long held that if the remarks are few in number and not very severe, then they are deemed to be mere “stray remarks” and will not support a plaintiff employee’s claim. …In Eaglin, the Court provided the following description of the statements by the Plaintiffs’ supervisors that the Court accepted as true for the purposes of a summary judgment motion:

Fifth Circuit Court of Appeals

Fifth Circuit Court of Appeals

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