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COSTA v. DESERT PALACE, INC.

No. 99-15645.

299 F.3d 838 (2002)

Catharina F. COSTA, Plaintiff-Appellee, v. DESERT PALACE, INC., dba Caesars Palace Hotel & Casino, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2002.

Attorney(s) appearing for the Case

Mark J. Ricciardi, David B. Dornak, Michael J. Shannon, Ricciardi Law Group, Las Vegas, NV, for defendant-appellant.

Robert N. Peccole, Peccole & Peccole, Ltd., Las Vegas, NV, for plaintiff-appellant.

Before SCHROEDER, Chief Judge, REINHARDT, KOZINSKI, FERNANDEZ, KLEINFELD, SILVERMAN, GRABER, McKEOWN, FISHER, GOULD, and PAEZ, Circuit Judges.

OPINION

McKEOWN, Circuit Judge

We agreed to hear this case en banc1 primarily to examine the legal standard for proof of a violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. In this classic instance of what has been termed a "mixed-motive" case, the employer, Caesars Palace Hotel and Casino ("Caesars"), terminated Catharina Costa, the only woman in her bargaining unit, citing disciplinary...

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