Hopkins v. Price Waterhouse,

920 F.2d 967 (1990)

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Nature of the Case

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Facts

From the facts listed in the casebook it appeared that Hopkins (P) was an exemplary employee but with an overbearing and abrasive people skills. Some of the comments about her potential partnership status found her people skills and the fact that she was a woman to be incompatible. The trial court found that Hopkins (P) was denied partnership status in Price Waterhouse (D) based in part because of sexual stereotyping which is a form of sex discrimination under Title VII. That finding was upheld by the Appeals Court and the Supreme Court, and the case was remanded by the Supreme Court to determine if P would have been awarded partnership in the absence of the discrimination. D was required by the trial court and the Appeals Court to make that finding based on clear and convincing evidence, but the Supreme Court reversed that and only required D to make that showing on a preponderance of evidence. On remand, the District Court found that D failed to carry its burden. D was ordered to admit P to partnership and award her $371,000 in back pay. D appealed based on the order that P be made a partner.