BROWNING v. U.S.

No. 07-35557.

567 F.3d 1038 (2009)

Henrietta BROWNING, Plaintiff-Appellant, v. UNITED STATES of America; United States Department of Treasury; United States Internal Revenue Service; Timothy F. Geithner, Secretary of the Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2009.


Attorney(s) appearing for the Case

Beth Creighton (argued), Zan Tewksbury, Steenson, Schumann, Tewksbury, Creighton & Rose, Portland, OR, for plaintiff-appellant.

Karin J. Immergut, United States Attorney, Kelly A. Zusman (argued), Assistant United States Attorney, Portland, OR, for defendants-appellees.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.


FISHER, Circuit Judge:

We address the issue of whether a district court's refusal to give a permissive jury instruction regarding pretext in an employment discrimination case is reversible error.1 We reaffirm that so long as the jury instructions set forth the essential elements that the plaintiff must prove, a district court does not abuse its discretion in declining to give an instruction explicitly...

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