GUADAGNO v. WALLACK ADER LEVITHAN ASSOCIATES

95 Civ. 6141 (JSR).

950 F.Supp. 1258 (1997)

Emilia GUADAGNO, Plaintiff, v. WALLACK ADER LEVITHAN ASSOCIATES, National Life of Vermont, Defendants.

United States District Court, S.D. New York.

January 14, 1997.


Attorney(s) appearing for the Case

Sussman Bergstein Wotorson & Whateley by Michael Sussman, Goshen, NY, for Plaintiff.

Law Offices Stillman, Friedman & Shaw, P.C. by Julian W. Friedman and James A. Mitchell, New York City, for Defendant Wallack Ader Levithan Associates.


OPINION AND ORDER

RAKOFF, District Judge.

District Courts wade into capricious currents at their peril; but the pending motions in this case impel the Court to address aspects of two unsettled but recurrent issues in federal employment discrimination law. They are, first, whether proof of "pretext" — i.e., proof from which a fact-finder could infer the unbelievability of an employer's stated reasons for its challenged actions —...

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