[DOWNLOAD] "Mcmillan v. Castro" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Mcmillan v. Castro
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 19, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Solvita McMillan, an attorney in the Cleveland office of the Equal Opportunity Employment Commission, sued her employer in federal court alleging gender discrimination under Title VII of the Civil Rights Act of 1964 and a failure to pay her in accordance with the Equal Pay Act of 1963. At the close of McMillans case in chief, the district court determined that it would decide McMillans claim of wage discrimination, but would submit her Title VII claim to the jury. On December 16, 2002, the jury returned a unanimous verdict in favor of the Commission on McMillans Title VII claim. On September 24, 2003, the district court entered judgment in favor of the Commission on McMillans equal pay claim. McMillan now appeals, asserting that she was denied her right to a fair trial when the district court allegedly abused its discretion by questioning her in a hostile and biased manner, and also that the district court erroneously instructed the jury regarding the term "similarly situated." Based upon a review of the entire record, we conclude that although the district courts conduct came dangerously close to tainting the fairness of McMillans trial, a new trial is not warranted. We also conclude that the district court committed no reversible error in instructing the jury regarding the "similarly situated" concept.

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