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In cases where the same actor makes an employment decision favorable to the plaintiff and later makes an employment decision adverse to the plaintiff, some circuits will find that this fact creates an inference of no discrimination. The circuits vary as to whether an inference arises and how strong an inference is created. For example, is it just another fact for the jury to consider or can the same-actor inference entitle an employer to summary judgment.

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Overview ı S.C. ı 1st ı 2d ı 3d ı 4th ı 5th ı 6th ı 7th ı 8th ı 9th ı 10th ı 11th ı D.C. ı Fed.