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July 20, 2006

Title VII Sex Discrimination Claim v. Performance

The Court first explained that in making a reverse discrimination claim, an employee must show that the employer is actually discriminating against the majority - a fairly unusual occurrence. The Court concluded that Argo could not establish reverse discrimination in this case. Instead, Blue Cross showed that it hired many men for the same position and that it had employed Argo in the position, until his performance deteriorated so badly that it had not choice but to terminate his employment.

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