· 4/27/2000
Fred Tarshis v. The Riese Organization
Citations
- 211 F.3d 30
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that employment discrimination plaintiffs “more often than not must depend on the cumulative weight of circumstantial evidence”
- finding inference of discrimination in part because 59 year old replaced 67 year old
- rejecting defendant’s argument that because plaintiff was within the protected age group when hired, she could not establish the prima facie case, noting that such arguments “may be relevant at the.[pretext] stage of the McDonnell Douglas inquiry ,,.”
- “Title VII ... [does] not grant courts authority to second-guess the -wisdom of corporate business decisions____”
- “This rule barring the granting of a motion to dismiss has for many years been carefully adhered to in this Circuit, particularly in civil rights actions.”
- dismissal is appropriate only if \it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Cardamone, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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