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· 4/4/1983

Rayford C. PACE, Plaintiff-Appellant, v. SOUTHERN RAILWAY SYSTEM, Defendant-Appellee

Citations

  • 701 F.2d 1383
  • 1983 U.S. App. LEXIS 29137
  • 31 Empl. Prac. Dec. (CCH) 33,493
  • 31 Fair Empl. Prac. Cas. (BNA) 710

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 plaintiffs statistical evidence was insufficient to establish pattern or practice of discrimination because the plaintiff failed to contextualize the data
  • affirming summary judgment in favor of employer where employee was replaced by someone two years younger
  • finding statistics-based on the fact that ten of the twelve demoted employees were over forty-to be flawed because there was no evidence regarding whether or not a substantial majority of the employee pool from which the twelve employees were selected were over forty
  • sample with 11 worker reassignments and 12 demotions found by district court to be too small
  • “A plaintiff, when faced with a motion for summary judgment, cannot rely on attenuated possibilities that a jury would infer a discriminatory motive[.]”
  • plaintiff has burden of “presenting such statistical evidence that will ... give rise to an inference of discrimination.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fay, Kravitch, Morgan

Read full opinion on CourtListener

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