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Topic: Miscellaneous
Number of pages / Number of words: 3 / 807
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A judge might usefully direct the jury's interest in some issues that support an inference one way or the other, such as whether the managers made remarks implying antipathy to older workers, or the age of the Plaintiff's replacement, but the factors that support an inference of discriminatory intent are neither necessary or sufficient...


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Judges frequently (and helpfully) tell juries to disregard the distinction between "direct" or "indirect" methods of proof. Far better for the judge to tell the jury that it must decide whether an age accounted for the adverse action and to relegate the other considerations to the status of clues, argued by counsel rather than made into "elements" of "methods"...


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