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eBook details

• Title: Mccarthy v. New York City Technical College
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 13, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Since this is one of the very few instances, after this Court decided Fisher v. Vassar College, 114 F.3d 1332 (2d Cir. 1997) (in banc), in which we have rejected a plaintiffs jury verdict in a Title VII case, I wish to add a few words of explanation. In Fisher, the in banc court considered the issue of whether a finding that the employers proffered reasons for an adverse employment action were false ("pretextual" in Title VII parlance) was sufficient to permit a fact- finder to infer discrimination. The majority ruled that a pretext finding does not necessarily permit the fact-finder to draw a reasonable inference of discrimination. See id., 114 F.3d at 1337-38. The dissenters substantially disagreed, believing that the fact-finder was entitled to infer discrimination from the proffer of a false explanation, except in the "rare" case where "the probative force of a pretext finding has been substantially diminished or even eliminated" by "evidence in the record." Id. at 1368-74 (Newman, then C.J., with whom Winter, Kearse, and Cabranes, JJ., join, dissenting).

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