Catharina F. Costa v. Desert Palace, Inc., Dba Caesars Palace Hotel & Casino
Opinion
Opinion
Schwarzer, J.
ORDER
The panel has voted unanimously to withdraw the Opinion filed December 29, 2000.
The petition for rehearing is DENIED.
OPINION
The central question before us is whether the district court erred in giving a mixed-motive instruction to the jury considering plaintiffs claim of discriminatory working conditions and wrongful discharge. We conclude that in the absence of substantial evidence of conduct or statements by the employer directly reflecting discriminatory animus, the giving of a mixed-motive instruction was reversible error.
FACTUAL AND PROCEDURAL BACKGROUND
Catharina Costa was employed by Caesars Palace Hotel & Casino (Caesars) as a warehouse worker from 1987 to 1994. She was the only woman in the bargaining unit covered by a collective bargaining agreement (CBA) between Caesars and Teamsters Local 995. A long history of disciplinary infractions and suspensions culminated in her termination in 1994, following a verbal and physical altercation with a fellow worker, Herbert Gerber. While Costa was fired, Gerber, a twenty-five year employee with a good disciplinary record and no prior suspensions, received only a five-day suspension. Both employees filed grievances…