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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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4.700 McDonnell Douglas
Evidence of Pretext / Jury Question
4.740
Evidence of pretext
4.741 Types of circumstantial evidence
4th Circuit
In
Webber v. International Paper Co., 417 F.3d 229,
234 (1st Cir. 2005), the court explained:
In this endeavor [to establish pretext], "'many veins of
circumstantial evidence . . . may be mined' . . . [and] [t]hese include --
but are by no means limited to -- evidence of differential treatment,
evidence of discriminatory comments, statistical evidence, and comparative
evidence."
Rathbun v. Autozone, Inc., 361 F.3d 62, 72 (1st Cir. 2004)
(citation omitted).
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