In plaintiff’s age discrimination suit against his former employer, district court’s grant of summary judgment in favor of defendant is vacated and remanded as, under the three stage burden shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), several aspects of the evidence, taken together, are more than sufficient to support a factfinder’s conclusion that defendant was motivated by age-based discrimination, thus raising a genuine issue of material fact that defeats summary judgment.
Read Velez v. Thermo King De Puerto Rico, Inc., No. 08-1320
Appeal from the United States District Court for the District of Puerto Rico
Decided October 16, 2009
Judges
Before: Torruella, Leval, and Lipez, Circuit Judges
Opinion by: Lipez, Circuit Judge
Counsel
For Appellant: Carlos M. Vergne-Vargas
For Appellee: Edwin J. Seda-Fernández, Mariel Y. Haack
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