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85 Tul. L. Rev. 1395 (2010-2011)

handle is hein.journals/tulr85 and id is 1405 raw text is: RECENT DEVELOPMENTS Smith v Xerox Corp.: The Fifth Circuit Maintains Mixed- Motive Applicability in Title VII Retaliation Claims I. OVERVIEW ....................................... ......1395 II. BACKGROUND ................................ .....1396 A. Emergence of the Mixed-Motive Famework m Title VZT Cases. ......................... .....1397 B. Evolution of the Mied-Motive Framework...................1399 U. THE COURT's DECISION ......................... .....1401 IV ANALYSIS ..............................................1403 I. OVERVIEW During the course of two years, Kim Smith went from being one of the top eight highest-performing employees for Xerox Corporation in the country, to being unable to meet sales goals and eventually terminated from her position.' An employee of Xerox for twenty-two years, Smith was responsible for supporting Xerox agents who serviced equipment in North Texas.2 Smith's sales territory was reduced, which consequently decreased the number of agents she supported.! After realignment, Smith was unable to meet her sales goals because she had fewer agents to service and her requests for readjustment of her sales goals proved fruitless.! As a result, Smith was placed on a probationary term, in which she was expected to meet her goals or termination could result.' Smith felt she was not being treated the same as other employees, so she filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging age, gender, and race discrimination. An involuntary termination request form for Smith's termination was found behind a fax cover sheet that was dated seven days after she filed her EEOC complaint.! Smith also 1. Smith v. Xerox Corp., 602 F.3d 320, 323 (5th Cir. 2010). 2. Id. 3. Id. 4. Id. 5. Id. at 323-24. As part of the Xerox Performance Improvement Process, Smith was first placed on a ninety-day warning period, followed by a sixty-day probationary term. Id 6. Id. at 324. 7. Id Xerox argued at trial and on appeal that the fax cover sheet was erroneously placed with the termination request, however, the jury was not required to believe this explanation. Id. at 324 n. 1. 1395

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