Matter of Smith v. Lopez

How courts have described this case

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

• holding that the plaintiff had made a prima facie case of age discrimination because “[a]ll the [discriminatory] statements were made by [the plaintiff]'s supervisors who participated in the decision to terminate him”
• finding that “insults and slurs” like “old and fat,” “dinosaur,” and “over-the-hill” evidenced discrimination
• reciting fourth element of prima facie case of indirect age discrimination as “circumstances that support an inference of discrimination”
• finding it relevant to “consider[] the role of the speaker, the substance of the comments, and the nexus to the adverse employment action to determine the probative value of discriminatory statements at the pretext stage.”
• “[T]he plaintiff must produce ‘evidence from which a reasonable jury could conclude that he or she established a prima facie case of discrimination[.]’”
• repeated and unambiguous comments by decisionmakers directed at plaintiff that he was “old and fat,” “over- the-hill,” and calling him a “dinosaur” and “grandpa,” were sufficient evidence of pretext

Source: CourtListener parenthetical corpus (CC0).