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06-022 - CARTER et al v. A.T. and T. BROADBAND/COMCAST


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06-022 - CARTER et al v. A.T. and T. BROADBAND/COMCAST
August 29, 2008
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MEMORANDUM ORDER granting 32 defendant's Motion for Summary Judgment. Based upon the undisputed evidence of record, viewing all disputed facts in favor of plaintiffs, and drawing all reasonable inferences in favor of plaintiffs, the court concludes that a reasonable jury could not render a verdict in favor of plaintiffs with respect to their claims under Title VII or the PHRA. With respect to the race discrimination claims, B. Carter presented insufficient evidence to establish pretext to overcome Comcasts stated legitimate, non-discriminatory reasons for the adverse employment decisions and with respect to his retaliation claims, he failed to adduce sufficient evidence to establish a prima facie case. As a matter of law, R. Carter cannot establish a prima facie case of retaliation because it is undisputed that she did not engage in protected activity. Therefore, summary judgment must be granted in favor of defendant with respect to plaintiffs' Title VII and the PHRA claims. Signed by Judge Joy Flowers Conti on 8/29/08. (cal )