James P. Ostrowski v. Atlantic Mutual Insurance Companies

How courts have described this case

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

• noting that “[c]onduct or statements by persons involved in the decisionmaking process [] may be viewed as directly reflecting the alleged discriminatory attitude”
• stating that allegedly discriminatory statements may be sufficient to present a prima facie case under M cDonnell Douglas
• noting that “stray remarks in the workplace by persons who are not involved in the pertinent decisionmaking process . . . . may suffice to present a prima facie case” under McDonnell Douglas
• noting that “purely statistical evidence,” evidence of “plaintiffs qualification for and the availability of a position,” and evidence of “‘stray’ remarks in the workplace by persons who are not involved” in decisionmaking process do not entitle plaintiff to “same decision” instruction
• including in a recitation of evidence sufficient to require a Price Waterhouse instruction the fact that a decisionmaker stated that certain employees should not have been hired but rather should have stayed retired
• “jury [should] be instructed on the law, including the possibility of burden-shifting, before it begins its factfind-ing”

Source: CourtListener parenthetical corpus (CC0).