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Payne v. McLemore's Wholesale & Retail Stores

654 F.2d 1130 (1981)

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Payne v. McLemore’s Wholesale & Retail Stores

United States Court of Appeals for the Fifth Circuit

654 F.2d 1130 (1981)

Facts

Charles Payne (plaintiff) began working at McLemore’s Wholesale & Retail Stores, Inc. (McLemore’s) (defendant) in 1966. Payne was laid off for a few months each year during the seasonal decline in work but was always rehired when the work picked back up. In November 1970, Payne was laid off due to the seasonal business decline. About a month later, Payne participated in a boycott of McLemore’s. The purpose of the boycott was to oppose discrimination by McLemore’s against Blacks in hiring and promotion. McLemore’s was aware of Payne’s involvement in the boycott. After the boycott, McLemore’s did not rehire Payne. Subsequently, Payne brought suit. Payne contended that the failure of McLemore’s to rehire him was retaliatory discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII). At the trial before the district court, testimony was offered indicating that McLemore’s discriminated against Blacks in employment opportunities. The district court found that Payne proved his retaliatory-discrimination claim. McLemore’s appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

Dissent (Coleman, J.)

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