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Unformatted text preview: o to the jury. See Reeves, 530 U.S. at 148. Summary judgment may be
granted if the record reveals conclusively that there was "some other nondiscriminatory
reason for the employer's decision [or] the plaintiff created only a weak issue of fact as to
whether the employer's reason was untrue, and there was abundant and uncontradicted
evidence that no discrimination had occurred." Reeves, 530 U.S. at 148.
Here, both parties have met their respective initial burdens with respect to the first two
steps of the burden shifting analysis. Henderson has established a prima facie case of
gender discrimination. She was female, she was qualified for the position she held, and
she did suffer an adverse employment action when she was terminated. With regard to
circumstances giving rise to an inference of discriminatory intent, Henderson offers
evidence that a male employee, Otavio Kehdi ("Kehdi"), was offered her job. Henderson
further maintains that Kehdi assumed her duties. The defendants dispute Henderson's
assertion. They claim that no one was hired to replace Henderson because Six Sigma was
reorganized and Janice Burr, a female employee already working for GE in the United
States, was assigned Henderson's duties in addition to her prior responsibilities. While the
parties dispute whether a male or female employee assumed Henderson's duties, at the
summary judgment stage, such ambiguities must be viewed in a light most favorable to
the nonmoving party. See Bryant, 923 F.2d at 982. Therefore, Henderson's offer of proof
that Kehdi assumed her duties is sufficient to give rise to an inference of discriminatory
intent at this stage in the analysis. See Zimmerman, 251 F.3d at 381-82 (finding that the
evidence necessary to establish a prima facie case is "minimal" and "de minimis" and that
the mere fact the plaintiff was replaced by someone outside the protected class will
suffice for the inference of discrimination at this stage.)
In response to Henderson's prima facie claim, defendants have articula...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08