Christine Back , Equal Employment Opportunity Commission, Office of General Counsel-Appellate Services, Anne Warren King , Equal Employment Opportunity Commission, Office of General Counsel, Appellate Division, WASHINGTON, DC, for Amicus Curiae U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
Carson Hobbs Sullivan , Paul Hastings, LLP, WASHINGTON, DC, for Amicus Curiae CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA.
Richard Errol Johnson , Law Office of Richard E. Johnson, TALLAHASSEE, FL, Kathryn S. Piscitelli , Law Office of Kathryn Piscitelli, ORLANDO, FL, for Amici Curiae NATIONAL EMPLOYMENT LAWYERS ASSOCIATION, FLORIDA CHAPTER, NATIONAL EMPLOYMENT LAWYERS ASSOCIATION, GEORGIA CHAPTER.
ROSENBAUM, Circuit Judge, filed a dissenting opinion, in which MARTIN and JILL PRYOR, Circuit Judges, joined.
BRANCH, Circuit Judge.
After being fired by Kia Motors Manufacturing Georgia, Inc. ("Kia"), Andrea Gogel sued her former employer, asserting claims for gender and national-origin discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a), and 42 U.S.C. § 1981. The district...
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