In determining on the motion for summary judgment whether plaintiff, after making out a prima facie case, produced sufficient evidence to rebut the employer's alleged legitimate reason for its adverse action, the motion judge incorrectly focused on whether each incident alone could be the basis for an inference of discrimination, and did not consider that a jury may infer discrimination based on plaintiff's prima facie case and rejection of defendants' reasons.
October 24, 2005 at 12:00 AM
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