00-3661 Kadas v. MCI Systemhouse Corp.

By: dmc-admin//June 25, 2001//

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“[A]ll three of the riffed employees were at least 40. But only five of the 32 employees in the department were under 40, which means that, assuming the choice of employees to riff was random, there was a 59 percent chance that all three riffed employees would be at least 40. See David Freedman, Robert Pisani & Roger Purves, Statistics 228-30 (3d. ed. 1998). The statistical evidence tendered by the plaintiff thus actually favors the defendant.

“So the plaintiff had no case (and for the further reason that the employer had a compelling noninvidious ground for terminating the plaintiff – the work it had hired him to do, the work for which his experience qualified him, had dried up within weeks of his arrival), and summary judgment was rightly granted for the employer.”

Affirmed.

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