Workplace Resource Center | Statistical Evidence May Show Prima Facie Age Discrimination in California, Federal Court Rules

Employees can use statistical evidence to establish a prima facie case of age discrimination under California Fair Employment and Housing Act (“FEHA”), the federal appeals court in San Francisco has held. Schechner v. KPIX-TV, No. 11-15294 (9th Cir. May 29, 2012).  The statistics, however, must present a sufficiently strong showing of a stark contrast in impact on protected classes, the Court emphasized. The plaintiffs in this case, however, failed to overcome the “same actor inference” to show the employer’s legitimate business reasons for their layoff were pretextual.  Therefore, the Court affirmed summary judgment in favor of the employer.  

Jackson Lewis LLP | Workplace Resource Center | Statistical Evidence May Show Prima Facie Age Discrimination in California, Federal Court Rules.