context: The First, Seventh, and Tenth Circuits also appear to disapprove of the wholesale adoption of the McDonnell Douglas formulation in jury instructions.
citation_a.signal: but see
citation_a.identifier: 832 F.2d 194, 200
citation_a.parenthetical: "[T]he district court was correct in using the [McDonnell Douglas ] framework in the instructions to the jury" because "[i]t is a straightforward way of explaining how to consider whether there is intentional discrimination"
citation_a.sentence: See Loeb v. Textron, Inc., 600 F.2d 1003, 1016-18 (1st Cir.1979) (explaining that, while the phrase "prima facie case” and other "legal jargon” need not be read to the jury, whether jury instructions should include "the four elements of the McDonnell Douglas-type prima facie case (properly tailored to the circumstances) and that the employer's reason is a pre-text” will depend upon the evidence presented); disapproved of on other grounds by Trans World Airlines, Inc. v. Thurston, 469 U.S. Ill, 126 n. 19, 105 S.Ct. 613, 624, 83 L.Ed.2d 523 (1985); Gehring v. Case Corp., 43 F.3d 340, 343 (7th Cir.1994) (“Once the judge finds that the plaintiff has made the minimum necessary demonstration (the 'prima facie case’) and that the defendant has produced an age-neutral explanation, the burden-shifting apparatus has served its purpose, and the only remaining question-the only question the jury need answer-is whether the plaintiff is a victim of intentional discrimination”); Messina v. Kroblin Transp. Sys., Inc., 903 F.2d 1306, 1308 (10th Cir.1990) ("The McDonnell Douglas inferences ... are of little relevance to the juiy.”); but see Rowlett v. Anheuser-Busch, Inc., 832 F.2d 194, 200 (1st Cir.l987)("[T]he district court was correct in using the [McDonnell Douglas ] framework in the instructions to the jury” because “[i]t is a straightforward way of explaining how to consider whether there is intentional discrimination”); abrogated on other grounds by Iacobucci v. Boulter, 193 F.3d 14, 27 (1st Cir.1999); Lynch v. Belden & Co., Inc., 882 F.2d 262, 269 (7th Cir.1989)("[I]t was proper for the district court to instruct the jury as to the McDonnell Douglas/Burdine formula for evaluating indirect evidence....
citation_b.signal: see
citation_b.identifier: 903 F.2d 1306, 1308
citation_b.parenthetical: "The McDonnell Douglas inferences ... are of little relevance to the juiy."
citation_b.sentence: See Loeb v. Textron, Inc., 600 F.2d 1003, 1016-18 (1st Cir.1979) (explaining that, while the phrase "prima facie case” and other "legal jargon” need not be read to the jury, whether jury instructions should include "the four elements of the McDonnell Douglas-type prima facie case (properly tailored to the circumstances) and that the employer's reason is a pre-text” will depend upon the evidence presented); disapproved of on other grounds by Trans World Airlines, Inc. v. Thurston, 469 U.S. Ill, 126 n. 19, 105 S.Ct. 613, 624, 83 L.Ed.2d 523 (1985); Gehring v. Case Corp., 43 F.3d 340, 343 (7th Cir.1994) (“Once the judge finds that the plaintiff has made the minimum necessary demonstration (the 'prima facie case’) and that the defendant has produced an age-neutral explanation, the burden-shifting apparatus has served its purpose, and the only remaining question-the only question the jury need answer-is whether the plaintiff is a victim of intentional discrimination”); Messina v. Kroblin Transp. Sys., Inc., 903 F.2d 1306, 1308 (10th Cir.1990) ("The McDonnell Douglas inferences ... are of little relevance to the juiy.”); but see Rowlett v. Anheuser-Busch, Inc., 832 F.2d 194, 200 (1st Cir.l987)("[T]he district court was correct in using the [McDonnell Douglas ] framework in the instructions to the jury” because “[i]t is a straightforward way of explaining how to consider whether there is intentional discrimination”); abrogated on other grounds by Iacobucci v. Boulter, 193 F.3d 14, 27 (1st Cir.1999); Lynch v. Belden & Co., Inc., 882 F.2d 262, 269 (7th Cir.1989)("[I]t was proper for the district court to instruct the jury as to the McDonnell Douglas/Burdine formula for evaluating indirect evidence....