Section 3617

Citation: Section 3617
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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We are not convinced that Moran satisfied her initial summary judgment burden. In her memorandum in support of her motion for summary judgment, Moran cited no record evidence that would rebut Gonzalez’s section 3617 claim, and it is doubtful that Moran “show[ed]” or “point[ed] out” the “absence of evidence to support” Gonzalez’s claim. See Celotex, 477 U.S. at 325, 106 S.Ct. at 2554. For example, in responding to the allegation that Gonzalez objected to Moran’s directive to deny housing based on race,48 Moran simply asserted that Gonzalez was referring to two white women with black babies and that these women ultimately did receive LCHA housing.49 Gonzalez, however, need not show that applicants actually were denied housing based on race,50 but rather that Moran fired Gonzalez based in significant part on Gonzalez’s efforts to rent public housing in a non-racially discriminatory manner.51 Because Moran does not even address Gonzalez’s claim that Moran terminated Gonzalez’s employment “in retaliation of her complaints and refusal to participate in the discriminatory rental practices of the Defendants,”52 Moran appears to have failed to point out the absence of evidence supporting Gonzalez’s claim. See Celotex, 477 U.S. at 325, 106 S.Ct. at 2554.53

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