CourtCases2010

1011 henderson has also not shown that her status in

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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.

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