Barbara Mines v. Olsten Corp. Inc., Olsten Home Healthcare

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barbara MINES, Plaintiff-Appellant, v. OLSTEN CORP. INC., Olsten Home Healthcare, Defendants-Appellees. No. 95-15331. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided June 19, 1996. Before: SNEED, PREGERSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 1. The jury found that race was not a motivating factor in Olsten's decision not to hire Mines. Were there error in the district court's rejection of Mines's proposed jury instruction as to pretext, it was harmless. 3 2. Mines's position before trial was that she should initially be required to prove only a prima facie case of race discrimination. She proposed a jury instruction during trial, however, that initially required her to prove by a preponderance of the evidence that her race was a motivating factor in her discharge. The district court gave an instruction substantially identical, in relevant part, to the one Mines…