Cecil JONES, Plaintiff-Appellant, v. W. GEOPHYSICAL Co. OF Am., Defendant-Appellee, 669 F.2d 280 (5th Cir. 1982). · Go Syfert
Cecil JONES, Plaintiff-Appellant, v. W. GEOPHYSICAL Co. OF Am., Defendant-Appellee, 669 F.2d 280 (5th Cir. 1982). Cases Citing This Book View Copy Cite
160 citation events (47 in the last 25 years) across 25 distinct courts.
Strongest positive: Kribbeler v. Zen Enterprises Corporation (mdd, 2025-06-09)
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1982 2004 2026
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discussed Cited as authority (rule) Kribbeler v. Zen Enterprises Corporation
D. Maryland · 2025 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982) (noting that “[t]he underlying purpose of the fourth element in the McDonnell Douglas formulation is precisely to establish this unlawful inference of discrimination”).
discussed Cited as authority (rule) Jenkins v. City of Dallas (2×) also: Cited "see"
N.D. Tex. · 2025 · confidence medium
However, the fourth element can be satisfied when a person of the same race is hired as a “pretextual device, specifically designed . . . to disguise [an] act of discrimination” or by introducing evidence that “give[s] rise to an inference of unlawful discrimination.” Jones v. Western Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982).2 Here, Jenkins introduced evidence that gives rise to an inference of unlawful discrimination.
discussed Cited as authority (rule) Wilson v. National Railroad Passenger Corporation
D. Maryland · 2025 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982) (noting that “[t]he underlying purpose of the fourth element in the McDonnell Douglas formulation is precisely to establish this unlawful inference of discrimination”). i. Inference of Sex Discrimination Plaintiff contends she satisfies the fourth element of a prima facie case of disparate treatment on the basis of sex because “other male members of the Protect Crew, Mr. Johnson and Mr. Jackson, were reinstated to their former positions.” (ECF No. 76-1 at p. 8.) According to Plaintiff, their purported reinstatement “gives rise…
discussed Cited as authority (rule) Topolewski v. Police Jury
W.D. La. · 2025 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982) (citing Texas Dep’t. of Cmty. Aff v. Burdine, 450 U.S. 248 (1981)). 53 Citing Byers v. Dallas Morning News, Inc., 209 F.3d 419, 427 (5th Cir. 2000), Nieto v. L & H Packing Co., 108 F.3d 621 , 624 n. 7 (5th Cir. 1997)), Hornsby v. Conoco, Inc., 777 F.2d 243 , 246–47 (5th Cir. 1985), Carson v. Bethlehem Steel Corp., 82 F.3d 157, 159 (7th Cir. 1996).
discussed Cited as authority (rule) Glover v. Lafayette Consolidated Government
W.D. La. · 2024 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982) (citing Texas Department of Community Affairs v. Burdine, 450 U.S. 248 , 101 S. Ct. 1089, 1094 , 67 L.Ed.2d 207 (1981).
discussed Cited as authority (rule) Howell v. Northwest Mississippi Community College
N.D. Miss. · 2024 · confidence medium
Furnco Construction Corporation v. Waters, 438 U.S. 567 , 98 S.Ct. 2943, 2949 , 57 L.Ed.2d 957 (1978); McDonnell Douglas Corporation v. Green, 411 U.S. 792 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973); Jones v. Western Geophysical Company of America, 669 F.2d 280, 284 (5th Cir. 1982); Coleman v. Braniff Airways, Inc., 664 F.2d 1282, 1284-85 (5th Cir. 1982); Hedrick v. Hercules, 658 F.2d 1088 , 1093 n.4 (5th Cir. 1981); Byrd, 687 F.2d at 86 .
discussed Cited as authority (rule) Parker v. Children's National Medical Center, Inc.
D. Maryland · 2024 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir. 1982) (noting that “[t]he underlying purpose of the fourth element in the McDonnell Douglas formulation is precisely to establish this unlawful inference of discrimination”).
cited Cited as authority (rule) Information Images, LLC v. PGA Tour, Inc.
W.D. Tex. · 2023 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) American Contractors Indemnity Company v. Freeman
W.D. Tex. · 2022 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) American Contractors Indemnity Company v. Freeman
W.D. Tex. · 2022 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Kendricks v. Methodist Children's Home
W.D. Tex. · 2021 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) ESW Holdings, Inc. v. Roku, Inc.
W.D. Tex. · 2021 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Terral v. Walmart, Inc.
E.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Allen v. Wal-Mart Stores Texas, LLC
E.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Frazier v. U.S. Xpress, Inc.
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Neria v. DISH Network, LLC
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Bui v. Chandler Companies, LLC
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Benton v. Whitesell-Green, Inc.
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Citizens State Bank v. Leslie
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Yerian v. Wal-Mart Stores Texas, LLC
E.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Turner v. Cincinnati Insurance Company
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Mayfield v. United States
W.D. Tex. · 2020 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
cited Cited as authority (rule) Knuppel v. State of Texas
W.D. Tex. · 2019 · confidence medium
Jones v. Geophysical Co., 669 F.2d 280, 283 (5th Cir. 1982).
discussed Cited as authority (rule) Verdin v. Cook
E.D. La. · 2019 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 282 (5th Cir. 1982) (“Although the parties and the district court all proceeded to deal with plaintiff's motion as one for “new trial,” neither the parties nor the court identified whether it was a motion under Fed.R.Civ.P. 59(a)(2) or Fed.R.Civ.P. 59(e).
cited Cited as authority (rule) Patricia Anderson v. Harrison Cty Adult Deten Ctr
5th Cir. · 2016 · confidence medium
Geophysical Co. of America, 669 F.2d 280, 284-85 (5th Cir.1982).
discussed Cited as authority (rule) CONLAY v. Baylor College of Medicine
S.D. Tex. · 2010 · confidence medium
See Byrd v. Roadway Express, Inc., 687 F.2d 85,86 (5th Cir.1982) (“[N]o single formulation of the prima facie evidence test may fairly be expected to capture the many guises in which discrimination may appear”); Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir.1982) (replacement by someone outside protected class not a necessary element); Hedrick v. Hercules, Inc., 658 F.2d 1088 , 1093 n. 4 (5th Cir.1981) (“McDonnell Court did not intend to establish an exclusive prima facie evidence test for discrimination in employment”).
cited Cited as authority (rule) Wolf v. EAST TEXAS MEDICAL CENTER
E.D. Tex. · 2007 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 283 (5th Cir.1982). 7 .
discussed Cited as authority (rule) Kimberly Miles v. Dell, Incorporated, Equal Employment Opportunity Commission, Amicus Supporting
4th Cir. · 2005 · confidence medium
Servs., 220 F.3d 1220, 1229 (10th Cir.2000) ("[A] plaintiff alleging discriminatory discharge ordinarily need not show that a person outside of the protected class was hired to fill his former position in order to make out a prima facie case of discrimination.”); Howard v. Roadway Express, Inc., 726 F.2d 1529, 1534 (11th Cir. 1984) ("[P]roof that the employer replaced the fired minority employee with a non-minority employee is not the only way” for a Title VII plaintiff to establish a prima facie case) (quoting Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir. 1982))…
discussed Cited as authority (rule) Miles v. Dell, Incorporated
4th Cir. · 2005 · confidence medium
Servs., 220 F.3d 1220, 1229 (10th Cir. 2000) ("[A] plaintiff alleging discriminatory discharge ordinar- ily need not show that a person outside of the protected class was hired to fill his former position in order to make out a prima facie case of dis- crimination."); Howard v. Roadway Express, Inc., 726 F.2d 1529, 1534 (11th Cir. 1984) ("[P]roof that the employer replaced the fired minority employee with a non-minority employee is not the only way" for a Title VII plaintiff to establish a prima facie case) (quoting Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir. 1982)…
cited Cited as authority (rule) Cook v. Mississippi Department of Human Services
5th Cir. · 2004 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284 (5th Cir.1982).
discussed Cited as authority (rule) Wendell Lyons Donald Tate Robert L. Claiborne Rosevelt Willson v. Gordon R. England, Secretary of the Navy
9th Cir. · 2002 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 284-85 (5th Cir.1982) (holding that plaintiffs affidavits that replacement worker was notoriously unreliable were sufficient to raise an inference of discrimination even though the replacement was a member of plaintiffs protected class).
cited Cited as authority (rule) United States v. Matagorda County, Texas
S.D. Tex. · 2002 · confidence medium
Geophysical Co. of Am., 669 F.2d 280, 283 (5th Cir.1982); Foster v. Swift & Co., 615 F.2d 701, 702 (5th Cir.1980); Hayden v. First Nat'l Bank, 595 F.2d 994, 997 (5th Cir.1979). 8 .
cited Cited as authority (rule) Quinn v. West
W.D. Tex. · 2001 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
cited Cited as authority (rule) Lowry v. Bedford Cnty School Bd
4th Cir. · 1999 · confidence medium
Geophysi- cal Co., 669 F.2d 280, 284-85 (5th Cir. 1982)).
discussed Cited as authority (rule) Ronald A. BROWN, Plaintiff-Appellant, v. Jacqueline F. McLEAN; Mayor and City Council of Baltimore, Defendants-Appellees (2×)
4th Cir. · 1998 · confidence medium
Although some courts have indicated that there may be exceptions to this rule in limited situations, such as in age discrimination cases where a plaintiff within the protected class is replaced by another, but significantly younger, person within the same class, see, e.g., O’Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308 , 116 S.Ct. 1307 , 134 L.Ed.2d 433 (1996) (holding in age discrimination claim that fact that plaintiff in protected class has been replaced by another person in protected class is irrelevant, so long as he has been replaced because of his age), where there has bee…
discussed Cited as authority (rule) Keller v. Orix Credit Alliance
3rd Cir. · 1997 · confidence medium
Significantly, the Nix court also noted that replacement with another member of the same class may serve as "a pretextual device, specifically designed by [the employer] to disguise its act of discrimination toward [the discharged employee.]" 738 F.2d at 1186 n.1 (quoting Jones v. Western Geophysical Co. Of America, 669 F.2d 280, 284 (5th Cir. 1982)).
discussed Cited as authority (rule) Frederick F. KELLER, Appellant, v. ORIX CREDIT ALLIANCE, INC. (2×)
3rd Cir. · 1997 · confidence medium
Significantly, the Nix court also noted that replacement with another member of the same class may serve as “a pretextual device, specifically designed by [the employer] to disguise its act of discrimination toward [the discharged employee.]” 738 F.2d at 1186 n. 1 (quoting Jones v. Western Geophysical Co. Of America, 669 F.2d 280, 284 (5th Cir.1982)).
discussed Cited as authority (rule) Wisdom v. M.A. Hanna Co.
N.D. Ga. · 1997 · confidence medium
See Hawkins v. Ceco Corp., 883 F.2d 977, 982 (11th Cir.1989) (finding that duties and responsibilities are relevant to determining whether a plaintiff has been replaced); Jones v. Western Geophysical Co. of Am., 669 F.2d 280, 283-84 (5th Cir.1982) (plaintiff not replaced where alleged replacement’s job duties were completely different); McGovern v. Transamerica Ins.
cited Cited as authority (rule) Mays v. United States Postal Service
M.D. Ala. · 1996 · confidence medium
Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir.1982) (quoting Burdine, 450 U.S. at 248 , 101 S.Ct. at 1090-91 ) (quoted in Howard, 726 F.2d at 1534 ) (emphasis in original).
discussed Cited as authority (rule) Hannon v. Chater
N.D. Cal. · 1995 · confidence medium
However, it would be a mistake to assume that such evidence amounts to an ironclad defense.” Larson, Employment Discrimination, § 8.03[6], (2d ed. 1994), at pp. 8-77 — 8-88; see, Howard v. Roadway Express, Inc., 726 F.2d 1529, 1534-35 (11th Cir.1984); Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir.1982) (summary judgment inappropriate where issue whether replacement of one black by another was a pretextual device specifically designed to disguise the discrimination); Rodriguez v. Tom’s Foods, 50 Fair Empl.Practice Cases 1177, 1180, 1987 WL 109071 (E.D.Cal.1987) …
examined Cited as authority (rule) Auclair v. Sher (3×) also: Cited "see"
W.D. Tex. · 1994 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
cited Cited as authority (rule) Marshall v. Housing Authority of City of Taylor
W.D. Tex. · 1994 · confidence medium
Geophysical Co. of America, 669 F.2d 280, 283 (5th Cir.1982), aff'd in part, modified in part on other grounds, 761 F.2d 1158 (1985).
examined Cited as authority (rule) Lee v. United States (3×) also: Cited "see"
W.D. Tex. · 1994 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
cited Cited as authority (rule) Bob Hamric Chevrolet, Inc. v. USA, Internal Revenue Service
W.D. Tex. · 1994 · confidence medium
Geophysical Co. of America, 669 F.2d 280, 283 (5th Cir.1982), aff'd in part, modified in part on other grounds, 761 F.2d 1158 (1985).
discussed Cited as authority (rule) Hiawatha Cornish v. City of Los Angeles, Department of Water and Power
9th Cir. · 1994 · confidence medium
Diaz v. American Tel. & Tel., 752 F.2d 1356, 1359-61 (9th Cir.1985) (plaintiff establishes prima facie case even though individual promoted instead of plaintiff is member of same class); Jones v. Western Geophysical Co. of America, 669 F.2d 280, 284 (5th Cir.1982) (same) Based on its factual finding that Cornish never competed for the position of ME in I & C, the district court held that Cornish failed to establish a prima facie case of disparate impact.
examined Cited as authority (rule) Government Employees Insurance v. McGinty (3×) also: Cited "see"
W.D. Tex. · 1993 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
examined Cited as authority (rule) Texas Farm Bureau v. United States (3×) also: Cited "see"
W.D. Tex. · 1993 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
cited Cited as authority (rule) Hill v. Imperial Savings
W.D. Tex. · 1992 · confidence medium
Geophysical Co. of America, 669 F.2d 280, 283 (5th Cir.1982), aff'd in part, modified in part on other grounds, 761 F.2d 1158 (1985).
cited Cited as authority (rule) Richardson v. Oldham
E.D. Tex. · 1992 · confidence medium
Jones v. Western Geophysical Co., 669 F.2d 280, 283 (5th Cir.1982).
examined Cited as authority (rule) Western Horizontal Drilling, Inc. v. Jonnet Energy Corp. (3×) also: Cited "see"
W.D. Tex. · 1992 · confidence medium
See id. at 1031 ; Jones v. Western Geophysical Co. of America, 669 F.2d 280, 283 (5th Cir.1982).
Retrieving the full opinion text from the archive…
29 Fair empl.prac.cas. 1117, 28 Empl. Prac. Dec. P 32,511 Cecil Jones
v.
Western Geophysical Company of America
81-2001.
Court of Appeals for the Fifth Circuit.
Mar 3, 1982.
669 F.2d 280
1982 U.S. App. LEXIS 21307
Anthony P. Griffin, Galveston, Tex., for plaintiff-appellant., Fulbright & Jaworski, A. Martin Wick-liff, Jr., Eric T. Washington, Houston, Tex., for defendant-appellee.
Garza, Gee, Reavley.
Cited by 113 opinions  |  Published
GEE, Circuit Judge:

This appeal arises from an employment discrimination suit timely brought pursuant to section 706 of Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Plaintiff Jones alleged that he was discharged after nearly five years as Western’s employee because he was black and that Western maintained discriminatory policies and practices. The district court found that the plaintiff had failed to present the existence of a genuine issue of material fact sufficient to overcome a motion for summary judgment, and the court therefore granted the defendant’s motion for summary judgment and denied plaintiff’s motion for new trial. We reverse and remand.

Plaintiff was hired as a sweeper by Western on December 26, 1973. At the time of his discharge, on November 2, 1978, he had been promoted to mechanic’s helper in the truck shop of defendant’s Galveston, Texas, facility. In the months prior to his discharge, plaintiff had been warned various times that his work was too slow. According to his own deposition, plaintiff responded to these criticisms by saying that he “wasn’t going to rip and run and break my neck and hurt myself” but that he would try to work harder. Several days prior to his discharge plaintiff was asked by his immediate supervisor to “clean out” the column guards on vibrator trucks. Western claims that plaintiff took over twice as long to complete the column-guard cleaning job as did the average employee, but plaintiff claims that he had never been instructed in the particular task and was in fact specifically told to take his time. Jones was subsequently discharged for “failure to meet production requirements.”

A year after suit had been filed and after Jones’ deposition had been taken and interrogatories answered, Western moved for summary judgment. Western attached to its motion the affidavit of its personnel director. According to that affidavit, Western hired a black person, Toby James, on November 15, 1978, to replace Jones. Western submitted that summary judgment was appropriate because, under the rationale of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Marks v. Prattco, Inc., 607 F.2d 1153 (5th Cir. 1979), Jones had failed to establish a prima facie case of employment discrimination as he had failed to establish the fourth element of McDonnell Douglas, which requires that a plaintiff show that after his discharge his employer hired a person who was not in the plaintiff’s protected class, i.e., black.

Jones filed no affidavits in opposition to Western’s motion. Relying solely on his deposition, he argued that genuine issues of material fact existed as to whether: (1) Western’s reason for terminating him was a pretext; (2) the hiring of James was a pretext; and (3) Western maintained disparate working conditions for blacks and whites. The district court nonetheless granted, on June 3, 1980, Western’s motion for summary judgment for failure to establish a prima facie case under McDonnell Douglas. Jones timely moved for a new trial [1] on the basis of newly discovered evi[*282] dence and attached to his motion affidavits by himself, Anthony Griffin (his attorney), Toby James, and J. H. Broussard (a former employee of Western).

Affiant James outlined his checkered history of employment with Western. According to James, he first worked for Western 'as an assemblyman in 1973. He was “laid off” and rehired as a deck hand, laid off a second time and rehired yet again as part of a field crew, fired on the same day and rehired a fourth time a year later, in 1975, as a sweeper. After 90 days as a sweeper, James claims he was fired for his “attendance record, tardiness [and] working too slow” but was hired yet a fifth time in 1978, again as a sweeper. After four to five months, James claims he was fired again for the same “invalid” reasons but was hired again in 1978 “as a mechanic’s helper to work the night shift.” James further testified as follows:

I was hired with the understanding that I would be a burner. To my knowledge, Cecil Jones was a layout person, a job which I have little or no knowledge of and a job, to my knowledge, [that] is totally different from a burner job. My experience at Western reveals that a mechanic’s helper has in it very specialized jobs. The sixth time I was fired for the same reason, the only addition being the failure to produce doctors’ statements concerning being absent (again, the reason for termination is in dispute).
It is my understanding that one other person (a Mexican-American) was hired and fired under the same or similar circumstances. My work experience would be up to probationary period and thus a subsequent termination. I was generally rehired in new positions which was curious in that I was fired on a number [of] occasions.

James’ description of the different subcategories of tasks within “mechanic’s helper” was corroborated by Broussard, another former employee of Western. In his affidavit, Broussard stated:

At Western no written job descriptions existed, the job duties and responsibilities were manipulated to fit the company’s specific need .... The absence of written job descriptions created another problem — individuals were classified in broad terms when in fact they performed and were qualified in totally different skilled positions. An example is found in the term “mechanic helper.” Common job experience provides that realistically no one person is classified as mechanic helper. The term can be broken down into various subcategories, such as burners and layout persons. Each described subcategory required different technical and theoretical levels of expertise.

Jones, in his affidavit, affirmed that his job had been that of “layout person,” not burner, and that he worked the day shift, not the night shift. Moreover, he alleged that “the description of ‘mechanic’s helper’ is too broad ....”

Western filed a response to the plaintiff’s motion for “new trial,” claiming that plaintiff’s new evidence was untimely presented, since it could have been discovered earlier had plaintiff used “reasonable and due diligence” and, bolstered by an affidavit from a mechanic shop supervisor still at Western, Western denied that Toby James ever worked as a burner or on the night shift. Although Western called James’ testimony “a bad-faith affidavit,” the company conceded that it had “inadvertently” failed to reveal James’ employment record:

With respect to attachment number 2 of Western Geophysical’s responses to plaintiff’s first interrogatories, Toby James’ employment history prior to February 25,[*283] 1977, was inadvertently left off this company record. As can be seen, however, from exhibit number A attached hereto, James worked as a mechanic’s helper and he resigned on three different occasions and was discharged on two other occasions.

Western further denied the allegations in the other affidavits filed by plaintiff.

The district court agreed with Western and denied Jones’ motion for “new trial.” Specifically, the court found that:

First, the evidence is not of the type which by due diligence could not have been discovered and presented to the court prior to its granting of summary judgment. Second, the “new” evidence does not present any genuine issue of fact that would warrant this court’s withdrawal of its summary judgment order.

Dealing with the district court’s latter finding first, we conclude that it misapplied the well-established standard for granting summary judgment. While “[s]ummary judgment is an excellent device by which district courts may make expedited disposition of those cases in which a trial would be fruitless,” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980), the district court may grant it “only when the moving party has established his right to judgment with such clarity that the nonmoving party cannot recover . . . under any discernable circumstance.” Everhart v. Drake Management, Inc., 627 F.2d 686, 690 (5th Cir. 1980). The district court, when deciding whether to grant a motion for summary judgment, must view the evidence in the light most favorable to the party resisting the motion. Joplin v. Bias, 631 F.2d 1235, 1237 (5th Cir. 1980). Pursuant to Fed.R.Civ.P. 56, summary judgment may be granted only where the entire record, i.e., pleadings, depositions, interrogatories, etc., shows that no genuine issue of material fact exists. Erco Industries, Ltd. v. Seaboard Coast Line Railroad Co., 644 F.2d 424, 428 (5th Cir. 1981). The mover must bear the burden of proof, and “all reasonable doubts as to the existence of the genuine issue of material fact” have to be resolved against him. Id. The fact that it appears that the nonmover is unlikely to prevail at trial or that the mover’s facts appear more plausible are not reasons to grant summary judgment. Hayden v. First National Bank, 595 F.2d 994, 997 (5th Cir. 1979). The trial court has no duty to decide' factual issues, only whether there is an issue of fact to be tried. Foster v. Swift & Co., 615 F.2d 701, 702 (5th Cir. 1980). We have also instructed that summary judgment should be “used cautiously” in Title VII cases. Hayden v. First National Bank, 595 F.2d at 997, quoting Lavin v. Illinois High School Association, 527 F.2d 58, 61 (7th Cir. 1975). Although we have occasionally approved summary disposition of certain employment discrimination cases, [2] we agree with the Fourth Circuit that “ordinarily summary disposition of Title VII cases is not favored, especially on a ‘potentially inadequate factual presentation.’ ” Logan v. General Fireproofing Co., 521 F.2d 881, 883 (4th Cir. 1971), quoting Williams v. Howard Johnsons, Inc., 323 F.2d 102, 105 (4th Cir. 1963).

This case presents an instance of “potentially inadequate factual presentation.” The district court here improperly decided factual issues and went beyond its sole duty to determine whether an issue of material fact existed. [3] In its findings of fact issued after denial of plaintiff’s motion for new trial, the district court found, inter alia:

Finding of Fact No. 2. At the time of his discharge, plaintiff was classified as a mechanic’s helper in the truck stop of defendant’s Galveston facility and, as such, performed all the duties of a mechanic’s helper.
Finding of Fact No. 13. On November 15, 1978, plaintiff was replaced by Toby James, Jr., a black person.

(emphasis added). These findings ignore the evidentiary contradictions presented by[*284] the parties’ war of affidavits. The affidavits attached to the plaintiff’s motion for “new trial” presented genuine issues of fact as to the employer’s motive and intent that should have been developed and decided by the factfinder at a trial on the merits. Compare Foster v. Swift & Co., 615 F.2d at 702. Toby James’ sworn testimony is inconsistent with the district court’s finding that he was a replacement for Jones in two respects. First, it is not clear that James was hired to replace Jones at all. As Jones’ attorney stated in his affidavit, further discovery on the nature of Western’s job classifications and on the question of whether a night shift existed would have helped to resolve this issue.

Second, James’ testimony suggests that even if he was hired to replace Jones, this need not mean that the plaintiff failed to establish a prima facie case under McDonnell Douglas. As the district court acknowledged, the four elements of McDonnell Douglas are by no means the only way of proving a prima facie case of racial discrimination. The Supreme Court in McDonnell Douglas stated that “[the] facts necessarily will vary in Title VII cases, and the specification above of the prima facie proof required ... is not necessarily applicable in every respect to differing factual situations.” 411 U.S. at 802 n.13, 93 S.Ct. at 1824. As we said in Hedrick v. Hercules, 658 F.2d 1088, 1093 n.4 (5th Cir. 1981):

It is, therefore, clear that the McDonnell Court did not intend to establish an exclusive prima facie evidence test for discrimination in employment but rather recognized the need for the modification of the prima facie test depending on the nature of the case.

See also Daves v. Pay Less Cash Ways, Inc., 661 F.2d 1022, 1025 n.2 (5th Cir. 1981); McCorstin v. United States Steel Corp., 621 F.2d 749 (5th Cir. 1980).

In this case, Toby James’ testimony is consistent with plaintiff’s argument that his replacement by another black person was a pretextual device, specifically designed by Western to disguise its act of discrimination toward Jones. The district court acknowledged as much in its findings of fact but found this not conclusive to establish a prima facie case:

The court notes that plaintiff alleges in his opposition to summary judgment that the hiring of Toby James was a pretext for discrimination and done only to meet the requisites of the McDonnell Douglas test. Even if it were not true that Toby James was hired only for such purpose, it would not be determinative. Plaintiff has failed to offer any evidence that the reason articulated by defendant for plaintiff’s termination was a pretext, that is, a ruse for a racially discriminatory decision,

(emphasis in original). As authority for this last statement, the district court cited Whiting v. Jackson State University, 616 F.2d 116 (5th Cir. 1980). [4] Whiting, however, was there dealing with the plaintiff’s ultimate burden of persuasion in a Title VII case, not with the burden of establishing a mere prima facie case. Id. at 121. As the Supreme Court pointed out in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 1094, 67 L.Ed.2d 207 (1981), the latter is not an “onerous” burden. All that the plaintiff need do is prove by a preponderance of the evidence that he was discharged from the position for which he was qualified “under circumstances which give rise to an inference of unlawful discrimination.” Id. The underlying purpose of the fourth element in the McDonnell Douglas formulation is precisely to establish this unlawful inference of discrimination. But proof that the employer replaced the fired minority employee with a nonminority employee is not the only way to create such an inference. We have no difficulty in finding that the affidavits presented by the plaintiff here permit an inference of discrimination sufficient to satisfy the fourth element of McDonnell Douglas. An employer does not usually[*285] rehire — once, much less six times — a former employee who has repeatedly resigned and been fired for incompetence. Plaintiff provided a plausible explanation for the employer’s otherwise unexplained action in this respect. In order to grant Western’s motion for summary judgment, the district court apparently chose to believe Western’s version of the facts, together with those presented by its affiant, over those presented by Jones. We express no view as to whether this may be appropriate after a full trial, but this was, of course, premature and improper at this stage in the proceedings. By making a preliminary showing that (1) he was a member of a protected class, (2) who was qualified for his job, (3) yet was discharged and, (4) if replaced at all, was replaced by a person who, according to the employer, had always been “an unreliable and tardy employee,” the plaintiff’s affidavit, together with those of James and Broussard, presented genuine issues of material fact sufficient to overcome a motion for summary judgment.

Neither are we convinced that the affidavit testimony was evidence that, by due diligence, could “have been discovered and presented to the court prior to its granting of summary judgment.” Western admitted in its response to the plaintiff’s motion for “new trial” that it had “inadvertently” failed to include James’ employment record in its information provided to plaintiff pursuant to his discovery motions and repeated requests for production of documents. Only Western possessed the relevant information. Plaintiff was excusably ignorant. See, e.g., Edgar v. Finley, 312 F.2d 533, 537-38 (8th Cir. 1963). Plaintiff was forced to stumble in the dark and understandably came across the evidence some days after the district court’s entry of final judgment but prior to the court’s entry of formal findings of fact and conclusions of law.

REVERSED and REMANDED.

1

. Although the parties and the district court all proceeded to deal with plaintiff’s motion as one for “new trial,” neither the parties nor the court identified whether it was a motion under Fed.R.Civ.P. 59(a)(2) or Fed.R.Civ.P. 59(e). As this was a motion essentially for reexamination[*282] of an order finally disposing of an action prior to trial, we presume that it was a motion for reconsideration under Fed.R.Civ.P. 59(e).

Since the addition of subsection (e), the courts which have considered the problem seem to have experienced no difficulty in concluding that a motion for rehearing or consideration made within ten days after the entry of an appealable order is within the coverage of Rule 59... .

Gainey v. Brotherhood of Railway & Steamship Clerks, 303 F.2d 716, 718 (3d Cir. 1962). See also Woodham v. American Cystoscope Co., 335 F.2d 551, 555 (5th Cir. 1964).

2

. See, e.g., Aquamira v. Eastern Air Lines, Inc., 644 F.2d 506 (5th Cir. 1981).

3

. Compare Gross v. Southern Railway Co., 414 F.2d 292, 297 (5th Cir. 1969).

4

. “If the employer effectively rebuts the plaintiff’s charge, the plaintiff must be afforded a fair opportunity to establish that the employer’s asserted justification is, in fact, a ruse for a racially discriminatory decision.” Id. at 121.