00-3306Guerrero v. Ashcroft

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“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment cases, yet statistical evidence alone does not, in most cases prove pretext… We recognize that there is a fierce disagreement between the parties regarding the appropriateness of Dr. LaLonde’s data selection and his methodological technique, but like the district court, we will not address it. Even if we conclude that Guerrero’s statistics evidence discrimination, we decline to reverse the grant of summary judgment on this basis. The sample Guerrero provides is quite small, focusing on only four individuals over a span of eight years. This meager statistical evidence does not constitute the rare case where statistics alone can create a triable issue of pretext and Guerrero has not produced any evidence of pretext to supplement his statistics.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Pallmeyer, J., Bauer, J.