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action; and (4) the adverse employment action occurred under circumstances giving rise
to an inference of discrimination. See Patterson, 375 F.3d at 221; Norville v. Staten 173 Island University Hospital, 196 F.3d 89, 95 (2d Cir.1999); Schnabel v. Abramson, 232
F.3d 87, 87 (2d Cir.2000). Plaintiff's burden in this regard has been described as
"minimal." Zimmerman v. Associates First Capitol Corp., 251 F.3d 376, 381 (2d
Cir.2001). "The mere fact that a plaintiff was replaced by someone outside the protected
class will suffice for the required inference of discrimination at the prima facie stage of
Title VII analysis." Id.
 If the plaintiff is able to establish the elements of her prima facie case, a presumption
arises that the employer unlawfully discriminated against her, and the burden shifts to the
employer to articulate a legitimate, non-discriminatory reason for the adverse action. See
id.; Stern v. Trustees of Columbia University, 131 F.3d 305, 312 (2d Cir.1997). The
reason provided must be both "clear and specific." Meiri v. Dacon, 759 F.2d 989, 997 (2d
Cir.1985). The defendant's burden at this stage is one of production only; the defendant is
not required to prove that its stated reason actually motivated its actions. The burden of
persuasion rests, at all times, with plaintiff to prove that she was discriminated against
because of her gender. Zimmerman, 251 F.3d at 381; Farias v. Instructional Systems,
Inc., 259 F.3d 91, 98 (2d Cir.2001).
 Once the employer has articulated a legitimate non-discriminatory reason for the
adverse employment action, the presumption dissipates and the burden shifts back to the
plaintiff to prove by a preponderance of the evidence that the "legitimate reasons offered
by the defendant were not its true reasons, but were a pretext for discrimination."
Patterson, 375 F.3d at 221. In order to avoid summary judgment at this stage, the plaintiff
must show that there is sufficient evidence to permit a rational jury to infer that the
employer's stated reason is...
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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