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· 4/28/2003

Paul Schuster v. Lucent Technologies, Inc.

Citations

  • 327 F.3d 569
  • 2003 U.S. App. LEXIS 7988
  • 91 Fair Empl. Prac. Cas. (BNA) 1193
  • 2003 WL 1957444

How courts have described this case

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

  • emphasizing that the employer’s explanation “must actually be shifting and inconsistent to permit an inference of mendacity”
  • observing that a business’s need to reduce costs was a legitimate, non-discriminatory reason for a reduction in force
  • observing that a business’s need to reduce costs was a legitimate, non-discriminatory reason for a RIF
  • noting that a plaintiff’s argument that only older workers were targeted for a RIF was not “persuasive” given that two younger employees were included in the RIF
  • “Shifting and inconsistent explanations can provide a basis for a finding of pretext.” (citation omitted)
  • “Shifting and incon- sistent explanations can provide a basis for a finding of pretext. But the explanations must actually be shifting and inconsistent to per- mit an inference of mendacity.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Kanne, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.