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Alverio v. Sam's Warehouse Club, Inc.

United States Court of Appeals for the Seventh Circuit

253 F.3d 933 (7th Cir. 2001)

Relevant factsFree

In Alverio's (plaintiff) sexual-harassment suit against Sam's (defendant), Sam's used peremptory strikes to remove all three women from an 11-man, 3-woman venire, offering individualized reasons (unemployment, prior plaintiff status, insurance-industry employment) plus a shared observation about limited work and business experience; the trial judge accepted these explanations over Alverio's Batson challenge, and the jury found for Sam's.

IssueFree

Whether a Batson challenge based on gender discrimination must fail if the striking party can articulate gender-neutral reasons for the peremptory challenges.

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