I. Introduction

II. The History of the Controversy ... A. Summers v. State Farm Mutual Automobile Insurance Co ... B. Summary Judgment Granted in Title VII Cases ... C. Cases in Which Summary Judgment Has Been Denied … 1. The Least Serious Threat: Milligan-Jensen v. Michigan Technological University ... 2. The Mixed-Motive Case: Price Waterhouse v. Hopkins ... D. The 1991 Civil Rights Act

III. Wallace v. Dunn Construction Co. ... A. Facts of the Case ... B. The Court's Reasoning ... 1. Summers Misinterpreted the Mt. Healthy Principle ... 2. Employers Will Have the Incentive to Hire Employees with Knowledge of the Employee's Prior Misconduct

IV. Conclusion