CAROL ANN CUPPLES, PLAINTIFF-APPELLANT,
v.
TRANSPORT INSURANCE COMPANY, AND THE TRANSPORT MANAGEMENT COMPANY, DEFENDANTS-APPELLEES
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The court held that findings of fact in individual employment discrimination cases can only be set aside if unsupported by substantial evidence.
Plaintiff sued her former employer alleging sex discrimination in hiring, job classifications, promotions, and terms of employment. The District Court…
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PER CURIAM :
In an individual action, Mrs. Carol Ann Cupples sued her former employer, who had discharged her, charging that as a female she had been the victim of discrimination with respect to hiring, job classifications, and promotions, as well as terms and conditions of employment, 42 U.S.C. § 2000e-2(a) and (d); 42 U. S.C. § 2000e-3; 29 U.S.C. § 206(d)(1).
The District Court found for the employer, Cupples v. Transport Insurance Company, 371 F.Supp. 146 (1974). We affirm.
In suits alleging discrimination in employment practices as to identified individuals, findings of fact by district courts may be set aside only if unsupported by substantial evidence, Bolton v. Murray Envelope Corporation, 5 Cir., 1974, 493 F. 2d 191. In all aspects, this case was clearly of that type and the Bolton rule mandates an affirmance. In the evidentiary posture of the case, the same would have been true had the trial court held the other way. This leaves no room for appellate revision of the judgment below.
Affirmed.
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Cited By
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Williams v. Tallahassee Motors, Inc., 607 F.2d 689 (5th Cir. 1979)
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Equal Emp. Opportunity Comm'n v. H. S. Camp & Sons, Inc., 542 F. Supp. 411 (M.D. Fla. 1982)…693. A statistical analysis of a company employing only 90 employees has been held to be of less probative value than an analysis of a larger company. Cupples v. Transport Ins. Co., 371 F.Supp. 146, *444 149 n. 1 (N.D.Tex.), aff’d, 498 F.2d 1091 (5th Cir. 1974). However, a prima facie case has been established where the statistical evidence was based upon a work force of only 51 employees but was supported by additional non-statistical evidence of discrimination. Long v. Sapp, 502 F.2…
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Mrs. Natalie Bolton v. Murray Envelope Corp., 493 F.2d 191 (5th Cir. 1974)