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Terry v. Electronic Data, 96-2036 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2036 Visitors: 2
Filed: Feb. 12, 1997
Latest Update: Mar. 02, 2020
Summary: , Charles A. Linn with whom Michael H. Olvera, Electronic Data, ________________ __________________, Systems Corporation, Office of the General Counsel, Robert P. Joy and, _____________, Morgan, Brown Joy were on brief for appellee.permanent position subject to a background check;
USCA1 Opinion









NOT FOR PUBLICATION ___________________
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________

No. 96-2036

ALVIN TERRY,

Plaintiff, Appellant,

v.

ELECTRONIC DATA SYSTEMS CORPORATION,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge] ___________________

____________________

Before

Boudin, Circuit Judge, _____________

Bownes, Senior Circuit Judge, ____________________

and Lynch, Circuit Judge. _____________

____________________

William F. Green with whom Robert A. Rossi was on brief for _________________ ________________
appellant.
Charles A. Linn with whom Michael H. Olvera, Electronic Data ________________ __________________
Systems Corporation, Office of the General Counsel, Robert P. Joy and _____________
Morgan, Brown & Joy were on brief for appellee. ______ ___________


____________________

April 24, 1997
____________________


















BOUDIN, Circuit Judge. This is a straightforward ______________

employment discrimination case brought by appellant Alvin

Terry under both the federal and state anti-discrimination

statutes. 42 U.S.C. 2000e-2(a)(1); Mass. Gen. L. ch. 151B,

4(1). Terry claims that he was not hired as a permanent

computer operator at Electronic Data Systems because of his

race. Terry was a temporary employee who was offered a

permanent position subject to a background check; but the

offer was withdrawn after that check.

The district court granted the employer's motion for

summary judgment, finding that Terry had made out a prima _____

facie case but that the presumption of discrimination had _____

been negated because the employer provided an adequate non-

discriminatory reason for not hiring Terry--namely, that the

background check revealed that Terry had a credit problem

relating to an unpaid student loan and Terry showed no

concern when asked about the matter. Since Terry did not put

forward any substantial evidence of discrimination beyond the

prima facie case and produced no evidence that the employer's ___________

stated reason was pretextual, this disposed of the case under

both the federal and state doctrines.

We need not consider whether or not a prima facie case _____ _____

was made out by Terry, since it is crystal clear that apart

from a prima facie case, no substantial evidence of _____ _____

discrimination was presented, nor any basis for believing



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that the non-discriminatory explanation of the employer was a

pretext. Terry's efforts on appeal to manufacture a factual

conflict out of some pleading discrepancies and his

speculative appraisals of the employer's attitude toward him

are too thin to warrant any extended discussion.

Affirmed. ________









































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Source:  CourtListener

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