See carlton 202 f3d at 135 see also reeves 530 us at

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Unformatted text preview: a pretext for discrimination. Conclusory and substantially unsupported assertions of pretext are inadequate in this regard. See id. (citing Smith v. American Express Co., 853 F.2d 151, 154-55 (2d Cir.1988)). To meet this burden, the plaintiff may rely on "evidence constituting the prima facie case, together with supportable inference to be drawn from the false or erroneous character of the employer's proffered reason for the adverse action." Carlton v. Mystic Transportation, Inc., 202 F.3d 129, 135 (2d Cir.2000); see also Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). The plaintiff is not required to prove that the prohibited motivation was the sole or even the principal factor in the decision, or that the employer's proffered reasons played no role in the employment decision, but only that the plaintiff's membership in a protected class contributed to the employer's decision. See Holtz v. Rockerfeller & Co., 258 F.3d 62, 78-79 (2d Cir.2001); Renz v. Grey Advertising, Inc., 135 F.3d 217, 220-22 (2d Cir.1997); Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 203 (2d Cir.1995). *10 Whether a plaintiff met her ultimate burden of proving discrimination should be determined on a case-specific approach upon consideration of a number of factors, including the strength of the prima facie case, the probative value of any proof that the employer's stated reason for the adverse employment action is false, and any other evidence that supports the employee's case and that properly may be considered in a motion for summary judgment as a matter of law. See Zimmerman, 251 F.3d at 381 (citing Reeves, 530 U.S. at 148-49). Proof that the employer's proffered reason for the 174 adverse employment action is unworthy of belief constitutes "circumstantial evidence that is probative of intentional discrimination." Reeves, 530 U.S. at 147. Evidence that the employer's reason is false, combined with the prima facie case, could be sufficient to allow the issue to g...
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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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