Chen v. Dow Chemical Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Disputing facts is not enough — instead, the plaintiff must produce evidence demonstrat[ing] that the employer did not ‘honestly believe’ in the proffered nondiscriminatory reason for its adverse employment action.”
• finding a basis in fact given the employee’s history of performance problems
• advising courts to avoid formalism in the application of this test and to not “lose sight of the fact that at bottom the question is always whether the employer made up its stated reason to conceal intentional discrimination”
• “[A]t bottom the question is always whether the employer made up its stated reason to conceal intentional discrimination.”
• court need not address prima facie case where plaintiff failed to create a genuine issue of material fact as to pretext
• “at bottom the question is always whether the employer made up its stated reason to conceal intentional discrimination”

Source: CourtListener parenthetical corpus (CC0).