The defendants dispute hendersons assertion they

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Unformatted text preview: uffered an adverse employment 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. [6] 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). [7][8] 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.

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