Utah Reverse race discrimination

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The Tenth Circuit has modified the first element of the prima facie case for those plaintiffs who are members of historically favored groups. In a reverse discrimination case, a plaintiff must “establish background circumstances that support an inference that the [employer] is one of those unusual employers who discriminates against the majority.” Notari v. Denver Water Dep't, 971 F.2d 585, 589 (10th Cir.1992); see also Mattioda v. White, 323 F.3d 1288, 1292 (10th Cir.2003); Taken v. Okla. Corp. Comm'n, 125 F.3d 1366, 1369 (10th Cir.1997). Alternatively, a plaintiff may establish a prima facie case for reverse discrimination with “indirect evidence sufficient to support a reasonable probability[ ] that but for the plaintiff's status[,] the challenged employment decision would have favored the plaintiff.”13 Notari, 971 F.2d at 590.


Massari v. Potter, 04-CV-02306-EWN-MJW, 2006 WL 318658 (D. Colo. Feb. 9, 2006)