In Schechner v. KPIX-TV, No. 11–15294, 2012 WL 1922088 (9th Cir. May 29, 2012), the Ninth Circuit Court of Appeals held that a plaintiff may establish a prima facie case of disparate treatment age discrimination using statistical evidence, even where that evidence does not account for a defendant’s legitimate non-discriminatory reasons for the adverse employment action. However, the court found the plaintiffs’ statistical evidence insufficient to demonstrate that the defendant’s proffered reasons for the adverse employment action were pretextual. READ MORE
Ninth Circuit Holds Statistical Evidence May Establish Prima Facie Claim of Disparate Treatment Without Accounting for Defendant’s Legitimate, Non-Discriminatory Reasons for Adverse Action
