How later opinions annotate it (1 example)
- on other grounds
Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir.1994), overruled on other grounds by Gross v. FBL Fin.
— Graham Lynch v. ITT Educ. Servs., Inc., 571 F. App'x 440 (6th Cir. 2014)
A plaintiff must produce sufficient evidence from which a jury may reasonably reject an employer's proffered reasons by showing they had no basis in fact or did not motivate the discharge.
An employee sued his former employer for age discrimination under the ADEA after being terminated. The employer provided nondiscriminatory reasons for the discharge, including the employee's confrontational attitude and inaccurate work product. To rebut these reasons, the plaintiff must produce sufficient evidence from which a jury may reasonably reject the employer's explanation by showing that the proffered reasons had no basis in fact, did not actually motivate the discharge, or were insufficient to motivate the discharge. Because the plaintiff failed to introduce evidence directly challenging the credibility of the employer's explanations, the court held that the directed verdict was appropriate.
At page 1084 Showing pretext by attacking employer's stated reasons338 citing cases“ordinarily consists of evidence that other employees, particularly employees not in the protected class, were not fired even though they engaged in substantially identical conduct to that which the employer contends motivated its discharge of the plaintiff.”
- Dorothy Burdette v. FedEx Corp., 367 F. App'x 628 (6th Cir. 2010).unpublished(Pretext may be shown ‘either directly by persuading the [trier of fact] that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of…)
- David McDermott v. Cont'l Airlines, Inc., 339 F. App'x 552 (6th Cir. 2009).unpublished See Manzer, 29 F.3d at 1083 (“The jury may not reject an employer’s explanation ... unless there is a sufficient basis in the evidence for doing so.”) (emphasis omitted).
- Eric Jones v. John E. Potter, 488 F.3d 397 (6th Cir. 2007).published “the first type of showing is easily recognizable and consists of evidence that the proffered bases for the plaintiffs discharge never happened, i.e., that they are factually false.”
- Grosjean v. First Energy Corp., 196 F. Supp. 2d 522 (N.D. Ohio 2002).published “in such cases, the plaintiff attempts to indict the credibility of his employer's explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.”
- Blankerts v. v. Gladieux Enter., 197 F. Supp. 2d 956 (N.D. Ohio 2002).published “in such cases, the plaintiff attempts to indict the credibility of his employer's explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.”
- Spade, No. 6:24-cv-00129 (E.D. Ky. Mar. 11, 2026). Manzer, 29 F.3d at 1084.
- Threlkeld, No. 3:22-cv-00439 (W.D. Ky. Dec. 5, 2025).“(1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did not actually motivate [her] discharge, or (3) that they were insufficient to motivate discharge”
- Thistlethwaite v. Pace Air Freight Inc., No. 2:22-cv-00081 (E.D. Ky. Aug. 7, 2025).Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir. 1994), overruled on other grounds by Gross v. FBL Fin.
- Guyn v. Wal-Mart Stores East, No. 5:22-cv-00332 (E.D. Ky. Mar. 10, 2025).“The first type of showing is easily recognizable and consists of evidence that the proffered bases for the plaintiff's discharge never happened, i.e., that they are ‘factually false”
- Sullivan v. Metro Knoxville HMA, LLC, No. 3:22-cv-00392 (E.D. Tenn. May 7, 2024).To succeed on this theory, “the plaintiff must demonstrate that a reasonable jury could find that the sheer weight of the circumstantial evidence of discrimination makes it more likely than not that the employer's explanation is a pretext,…
Show 183 more citing cases
- Callahan v. Fanatics, Inc., No. 2:22-cv-02369 (S.D. Ohio Mar. 12, 2024).Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir. 1994).
- Ames v. State of Ohio Dep't of Youth Servs., No. 2:20-cv-05935 (S.D. Ohio Mar. 16, 2023). Co., 29 F.3d 1078, 1084 (6th Cir. 1994)).
- Ellerbee v. Chipotle Servs. LLC, No. 2:19-cv-05675 (S.D. Ohio Oct. 18, 2021).Dick Co., 231 F.3d 1016, 1021 (6th Cir. 2000) (citing Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir. 1994) overruled on other grounds by Gross v. FBL Fin.
- Harris v. Pentair Flow Tech., LLC, No. 1:19-cv-02180 (N.D. Ohio Aug. 17, 2021). This line of attack “admits that the [proffered] reason could motivate the employer but argues that the illegal reason is more likely than the proffered reason to have motivated the employer.” Joostberns, 166 F. App’x at 791 (citing Manzer…
- Wright v. Big Lots Stores, Inc., No. 7:19-cv-00115 (E.D. Ky. May 18, 2021).Co., 29 F.3d 1078, 1084 (6th Cir. 1994)) (emphasis omitted), overruled on other grounds by Gross v. FBL Fin.
- Roseman v. Int'l Union, No. 2:18-cv-13042 (E.D. Mich. Nov. 17, 2020).“There are generally three methods of showing pretext: “(1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did not actually motivate [plaintiff’s] discharge, or (3) that they were insufficient to motivate d…
- Lindsey v. Mgmt. & Training Corp., No. 4:17-cv-00146 (W.D. Ky. Sept. 9, 2019).“(1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did not actually motivate [her] discharge, or (3) that they were insufficient to motivate discharge”
- Lynda Kinch v. Pinnacle Foods Grp., LLC, No. 18-1400 (6th Cir. Dec. 19, 2018).unpublishedCo., 29 F.3d 1078, 1084 (6th Cir. 1994) overruled on other grounds by Gross, 557 U.S. at -7- No. 18-1400, Kinch v. Pinnacle Foods Group 180.
- Paula McDaniels v. Plymouth-Canton Cmty.. Sch., No. 17-2412 (6th Cir. Nov. 1, 2018).unpublished Manzer, 29 F.3d at 1082.
- Ramona DeBra v. JPMorgan Chase & Co., No. 17-1411 (6th Cir. Sept. 5, 2018).unpublished Co., 29 F.3d 1078, 1084 (6th Cir. 1994) (overruled on other grounds, Geiger, 579 F.3d at 621 ).
- Joanne Alberty v. Columbus Twp., No. 17-1473 (6th Cir. Apr. 30, 2018).unpublished Co., 29 F.3d 1078, 1084 (6th Cir. 1994), overruled on other grounds by Gross, 557 U.S. 167 , as recognized in Geiger, 579 F.3d at 621 .
- Robert Block v. Meharry Med. Coll., No. 17-5484 (6th Cir. Jan. 22, 2018).unpublished Corp., 416 F. App’x 542, 551 (6th Cir. 2011) (“For a ‘did not actually motivate’ theory of pretext, ‘the plaintiff admits the factual basis underlying the employer’s proffered explanation and further admits that such conduct could motivate…
- Hugh Rosenthal v. Nat'l Beverage Corp., 701 F. App'x 472 (6th Cir. 2017).unpublishedCo., 29 F.3d 1078, 1084 (6th Cir. 1994)].
- Sheila Johnson v. Fifth Third Bank, 685 F. App'x 379 (6th Cir. 2017).unpublished Co., 29 F.3d 1078, 1084 (6th Cir. 1994) (quoting McNabola v. Chi.
- Hamilton v. McDonald, 247 F. Supp. 3d 812 (E.D. Ky. 2017).publishedAs to the first manner of refuting the VA’s reason for hiring Curry, Hamil ton must present evidence that the proffered reason is “factually false.” Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir. 1994).
- Laura Lee Demastus v. Univ. Health Sys., Inc., No. E2016-00375-COA-R3-CV (Tenn. Ct. App. Mar. 2, 2017).published “evidence that other employees, particularly employees not in the protected class, were not fired even though they engaged in substantially identical conduct to that which the employer contends motivated its discharge of…”
- Shrivastava v. RBS Citizens Bank, N.A., 227 F. Supp. 3d 824 (E.D. Mich. 2017).published Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 510-511 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993)). “[S]uch a showing permits, but does not require, the factfinder to infer illegal discrimination from the plaintiffs prima facie case.” Id. “[E]vi…
- Kimberly Hartman v. Dow Chem., 657 F. App'x 448 (6th Cir. 2016).unpublished“In other words, the plaintiff ar *454 gues that the sheer weight of the circumstantial evidence of discrimination makes it ‘more likely than not’ that the employer’s explanation is a pretext, or coverup.” Id. (citing Manzer, 29 F.3d at 10…
- Rosenthal v. Nat'l Beverage Corp., 202 F. Supp. 3d 700 (E.D. Mich. 2016).published “[T]to make this type of rebuttal showing, the plaintiff may not rely simply upon his prima facie evidence but must, instead, introduce additional evidence of age discrimination”
- Hartman v. Ohio Dept. of Transp., 2016-Ohio-5208, 68 N.E.3d 1266.publishedCo., 29 F.3d 1078, 1084 (6th Cir.1994). {¶ 22} The evidence in the summary judgment record falls short, even when read in a light most favorable to Hartman.
- Karen Mencarelli v. Alfred Williams & Co., 656 F. App'x 80 (6th Cir. 2016).unpublishedCo., 29 F.3d 1078, 1084 (6th Cir. 1994), overruled on other grounds by Gross, 557 U.S. 167 , 129 S.Ct. 2343 , 174 L.Ed.2d 119 , as recognized in Geiger v. Tower Auto., 579 F.3d 614, 621 (6th Cir. 2009)); see also Rhoades v. Std.
- Rentz v. Hosp., 195 F. Supp. 3d 933 (E.D. Mich. 2016).publishedThe “court has typically grouped the first and third tests together because they are both ‘direct attacks on the credibility of the employer’s proffered motivation for firing [the employee] and, if shown, provide an evidentiary basis for w…
- William Moore v. Ampac, 645 F. App'x 495 (6th Cir. 2016).unpublishedCo., 29 F.3d 1078, 1084 (6th Cir.1994)).
- Todd Deister v. Auto Club Ins. Ass'n, 647 F. App'x 652 (6th Cir. 2016).unpublished Id. (citing Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1084 (6th Cir.1994) (overruled on other grounds)).
- Charalambakis v. Asbury Univ., 488 S.W.3d 568 (Ky. 2016).publishedId. at 1084.
- B&S Transp., Inc. v. Bridgestone Americas Tire Operations, LLC, 171 F. Supp. 3d 669 (N.D. Ohio 2016).publishedCo., 29 F.3d 1078, 1084 (6th Cir.1994)). .
- Rochelle Johnson v. Patrick Donahoe, 642 F. App'x 599 (6th Cir. 2016).unpublished Co., 29 F.3d 1078, 1084 (6th Cir.1994), abrogated on other grounds by Gross v. FBL Fin.
- Karon Jackson v. VHS Detroit Receiving Hosp., 814 F.3d 769 (6th Cir. 2016).publishedCo., 29 F.3d 1078, 1084 (6th Cir.1994), overruled on other grounds by Geiger v. Tower Auto., 579 F.3d 614 (6th Cir.2009).
- Siemer v. Comet North Am., 467 F. Supp. 2d 781 (S.D. Ohio 2006).published
- Quintanilla v. AK TUBE LLC, 477 F. Supp. 2d 828 (N.D. Ohio 2007).published
- Chang v. Univ. of Toledo, 480 F. Supp. 2d 1009 (N.D. Ohio 2007).published
- Haughton v. Orchid Automation, 206 F. App'x 524 (6th Cir. 2006).unpublished
- Blair v. Henry Filters, Inc., 505 F.3d 517 (6th Cir. 2007).published
- Teri Williams v. PVACC, LLC, 369 F. App'x 667 (6th Cir. 2010).unpublished
- Imwalle v. Reliance Med. Prods., Inc., 515 F.3d 531 (6th Cir. 2008).published
- Johannes v. Monday Cmty. Corr. Inst., 434 F. Supp. 2d 509 (S.D. Ohio 2006).published
- Chester v. Quadco Rehab. Ctr., 484 F. Supp. 2d 735 (N.D. Ohio 2007).published
- Kestner v. Stanton Grp., Inc., 202 F. App'x 56 (6th Cir. 2006).unpublished
- Doucet v. Univ of Cinti, No. 06-4118 (6th Cir. Aug. 28, 2007).unpublished
- Myers v. United States Cellular Corp., 257 F. App'x 947 (6th Cir. 2007).unpublished
- Bridget Ray v. Oakland Cnty. Circuit Court, 355 F. App'x 873 (6th Cir. 2009).unpublished
- Will Singleton v. Select Specialty Hosp. - Lexington, 391 F. App'x 395 (6th Cir. 2010).unpublished
- Johnson v. Fifth Third Bank, 151 F. Supp. 3d 763 (E.D. Mich. 2015).published
- Brian Viergutz v. Lucent Tech., Inc., 375 F. App'x 482 (6th Cir. 2010).unpublished
- Spengler v. Worthington Cylinders, 615 F.3d 481 (6th Cir. 2010).published
- Michael Carson v. Ford Motor Co., 413 F. App'x 820 (6th Cir. 2011).unpublished
- Alexander v. Ohio State Univ. Coll. of Soc. Work, 429 F. App'x 481 (6th Cir. 2011).unpublished
- Peter Grain v. Trinity Health, 431 F. App'x 434 (6th Cir. 2011).unpublished
- James Kimble v. Mark Wasylyshyn, 439 F. App'x 492 (6th Cir. 2011).unpublished
- Jeffrey Braithwaite v. Dep't of Homeland Sec., 473 F. App'x 405 (6th Cir. 2012).unpublished
- Johnnie Brooks, Jr. v. Davey Tree Expert Co., 478 F. App'x 934 (6th Cir. 2012).unpublished
- Ray Forrester v. Rauland-Borg Corp., 453 F.3d 416 (7th Cir. 2006).published
- James T. Corrigan v. United States Steel Corp. Kobe Steel, 478 F.3d 718 (6th Cir. 2007).published
- Sharon MacY v. Hopkins Cnty. Sch. Bd. of Educ., 484 F.3d 357 (6th Cir. 2007).published
- Herrera v. Churchill McGee, LLC, 680 F.3d 539 (6th Cir. 2012).published
- Everett Chattman v. Toho Tenax Am., Inc., 686 F.3d 339 (6th Cir. 2012).published
- Peggy Blizzard v. Marion Technical Coll., 698 F.3d 275 (6th Cir. 2012).published
- D. Archie Hale v. ABF Freight Sys., Inc., 503 F. App'x 323 (6th Cir. 2012).unpublished
- Spencer Carter, III v. Toyota Tsusho Am., Inc., 529 F. App'x 601 (6th Cir. 2013).unpublished
- Harris v. Metro. Gov't Nashville & Davidson Co. TN, 594 F.3d 476 (6th Cir. 2010).published
- Jackson v. United Dairy Farmers, 554 F. Supp. 2d 813 (S.D. Ohio 2008).published
- Turner v. Grande Pointe Healthcare Cmty., 631 F. Supp. 2d 896 (N.D. Ohio 2007).published
- Allen v. City of Sturgis, 559 F. Supp. 2d 837 (W.D. Mich. 2008).published
- Webb v. Humana Inc., 819 F. Supp. 2d 641 (W.D. Ky. 2011).published
- Marin v. Bloom Roofing Sys., Inc., 795 F. Supp. 2d 634 (E.D. Mich. 2011).published
- Bennett v. Bd. of Educ. of Washington Cnty. Jt. Vocational Sch. Dist., 785 F. Supp. 2d 678 (S.D. Ohio 2011).published
- Kim v. Harvey, 463 F. Supp. 2d 716 (E.D. Mich. 2006).published
- Neely v. Good Samaritan Hosp., 494 F. Supp. 2d 837 (S.D. Ohio 2007).published
- DeBiasi v. Charter Cnty. of Wayne, 537 F. Supp. 2d 903 (E.D. Mich. 2008).published
- Bishop v. Ohio Dep't of Rehab. & Corr., 695 F. Supp. 2d 707 (S.D. Ohio 2010).published
- GIBSON-HOLMES v. Fifth Third Bank, 661 F. Supp. 2d 905 (M.D. Tenn. 2009).published
- Conners v. SpectraSite Commc'ns, Inc., 465 F. Supp. 2d 834 (S.D. Ohio 2006).published
- Thomas v. Mech. Consultants, Inc., 655 F. Supp. 2d 756 (W.D. Ky. 2009).published
- Mauer v. Deloitte & Touche, LLP, 752 F. Supp. 2d 819 (S.D. Ohio 2010).published
- Thompson v. Chase Bankcard Servs., Inc., 737 F. Supp. 2d 860 (S.D. Ohio 2010).published
- Satterfield v. Karnes, 736 F. Supp. 2d 1138 (S.D. Ohio 2010).published
- Condiff v. Hart Cnty. Sch. Dist., 770 F. Supp. 2d 876 (W.D. Ky. 2011).published
- Marcum v. Bd. of Educ. of Bloom-Carroll Local Sch. Dist., 727 F. Supp. 2d 657 (S.D. Ohio 2010).published
- Harrigan v. Dana Corp., 612 F. Supp. 2d 929 (N.D. Ohio 2009).published
- Wagner v. Merit Distrib., 445 F. Supp. 2d 899 (W.D. Tenn. 2006).published
- Kimble v. Wasylyshyn, 687 F. Supp. 2d 703 (N.D. Ohio 2009).published
- Kira v. Arab Cmty. Ctr. for Econ. & Soc. Servs., 681 F. Supp. 2d 856 (E.D. Mich. 2010).published
- Coffman v. Ford Motor Co., 719 F. Supp. 2d 856 (S.D. Ohio 2010).published
- Mullins v. Goodman Distrib., Inc., 694 F. Supp. 2d 782 (S.D. Ohio 2010).published
- Carl Rhoades v. Stand. Parking Corp., 559 F. App'x 500 (6th Cir. 2014).unpublished
- Melissa Flones v. Beaumont Health Sys., 567 F. App'x 399 (6th Cir. 2014).unpublished
- Roghelia v. Hopedale Mining, L.L.C., 2014-Ohio-2935.published
- Hixson v. Ohio State Univ., 2012-Ohio-6313.published
- Pitts-Baad v. Valvoline Instant Oil Change, 2012-Ohio-4811.published
- Warden v. Ohio Dept. of Nat. Resources, 2014-Ohio-35, 7 N.E.3d 533.published
- Smith v. Ohio Dept. of Pub. Saf., 2013-Ohio-4210.published
- Bowditch v. Mettler Toledo, 2013-Ohio-4206.published
- Travers v. Cellco P'ship, 579 F. App'x 409 (6th Cir. 2014).unpublished
- Dukes v. Associated Materials, L.L.C., 2014-Ohio-4322.published
- Eric White v. Duke Energy-Kentucky, Inc., 603 F. App'x 442 (6th Cir. 2015).unpublished
- Parks v. UPS Supply Chain Solutions, Inc., 607 F. App'x 508 (6th Cir. 2015).unpublished
- Aaron Voltz v. Erie Cnty., 617 F. App'x 417 (6th Cir. 2015).unpublished
- Sullivan v. Coca-Cola Bottling Co., 182 F. App'x 473 (6th Cir. 2006).unpublished
- Myers v. Cuyahoga Cnty OH, 182 F. App'x 510 (6th Cir. 2006).unpublished
- Bacon v. Honda of Am. Mfg., Inc., 192 F. App'x 337 (6th Cir. 2006).unpublished
- Martin v. Gen. Elec. Co., 187 F. App'x 553 (6th Cir. 2006).unpublished
- Suits v. Heil Co., 192 F. App'x 399 (6th Cir. 2006).unpublished
- John C. Briggs v. John E. Potter, 463 F.3d 507 (6th Cir. 2006).published
- Arnold v. Marous Bros. Constr., 211 F. App'x 377 (6th Cir. 2006).unpublished
- Quinn-Hunt v. Bennett Enter., Inc., 211 F. App'x 452 (6th Cir. 2006).unpublished
- Burke-Johnson v. Dep't of Vets. Affairs, 211 F. App'x 442 (6th Cir. 2006).unpublished
- Alfrey v. AK Steel Corp., 211 F. App'x 393 (6th Cir. 2006).unpublished
- Halfacre v. Home Depot, U.S.A., Inc., 221 F. App'x 424 (6th Cir. 2007).unpublished
- Taylor v. United Parcel Serv., Inc., 237 F. App'x 34 (6th Cir. 2007).unpublished
- Sherrills v. Beison, 242 F. App'x 332 (6th Cir. 2007).unpublished
- Burks v. Yellow Transp., Inc., 258 F. App'x 867 (6th Cir. 2008).unpublished
- Cline v. BWXT Y-12, LLC, 521 F.3d 507 (6th Cir. 2008).published
- Scott v. Eastman Chem. Co., 275 F. App'x 466 (6th Cir. 2008).unpublished
- Bilak-Thompson v. Dollar Tree Stores, Inc., 293 F. App'x 380 (6th Cir. 2008).unpublished
- Goller v. Ohio Dep't of Rehab. & Corr., 285 F. App'x 250 (6th Cir. 2008).unpublished
- Deborah Novotny v. Reed Elsevier, 291 F. App'x 698 (6th Cir. 2008).unpublished
- Mullins v. U.S. Bank, 296 F. App'x 521 (6th Cir. 2008).unpublished
- Hector Garcia v. Daimler Chrysler Corp., 320 F. App'x 356 (6th Cir. 2009).unpublished
- Tanya Hollimon v. Shelby Cnty. Gov't, 325 F. App'x 406 (6th Cir. 2009).unpublished
- Novella Lockett v. Marsh USA, Inc., 354 F. App'x 984 (6th Cir. 2009).unpublished
- Steven Simpson v. Vanderbilt Univ., 359 F. App'x 562 (6th Cir. 2009).unpublished
- Harriet Schoonmaker v. Spartan Graphics Leasing, LLC, 595 F.3d 261 (6th Cir. 2010).published
- Douglas Baker v. Windsor Repub. Doors, 414 F. App'x 764 (6th Cir. 2011).unpublished
- Michael Clark v. Walgreen Co., 424 F. App'x 467 (6th Cir. 2011).unpublished
- Chyrianne Jones v. St. Jude Med. S.C., Inc., 504 F. App'x 473 (6th Cir. 2012).unpublished
- Joseph Gaglioti v. Levin Grp. Inc., 508 F. App'x 476 (6th Cir. 2012).unpublished
- Laws v. HealthSouth N. Kentucky Rehab. Hosp. Ltd. Parnership, 508 F. App'x 404 (6th Cir. 2012).unpublished
- Ramona Hillman v. Shelby Cnty., 515 F. App'x 365 (6th Cir. 2013).unpublished
- Crystal Sarvak v. Developers Diversified Realty, 524 F. App'x 229 (6th Cir. 2013).unpublished
- Stella Hall v. Ohio Bell Tel. Co., 529 F. App'x 434 (6th Cir. 2013).unpublished
- Eric Paasewe v. Action Grp., Inc., 530 F. App'x 412 (6th Cir. 2013).unpublished
- Graham Lynch v. ITT Educ. Servs., Inc., 571 F. App'x 440 (6th Cir. 2014).unpublished
- Leon Burns v. City of Saginaw, 601 F. App'x 353 (6th Cir. 2015).unpublished
- Riley v. PNC Bank, 602 F. App'x 316 (6th Cir. 2015).unpublished
- Richard Veluzat v. Williamson Med. Ctr., 627 F. App'x 534 (6th Cir. 2015).unpublished
- Barbara Gunn v. Senior Servs. of N. Ky., 632 F. App'x 839 (6th Cir. 2015).unpublished
- Belasco v. Warrensville Heights City Sch., 634 F. App'x 507 (6th Cir. 2015).unpublished
- Stroup v. United Airlines, 26 F.4th 1147 (10th Cir. 2022).published
- White v. Duke Energy Kentucky, Inc., 1 F. Supp. 3d 808 (S.D. Ohio 2014).published
- Woida v. Genesys Reg'l Med. Ctr., 4 F. Supp. 3d 880 (E.D. Mich. 2014).published
- Walls v. Tennessee CVS Pharmacy, LLC, 21 F. Supp. 3d 889 (M.D. Tenn. 2014).published
- Vaden v. Dekalb Tel. Coop., Inc., 21 F. Supp. 3d 901 (M.D. Tenn. 2014).published
- Hawkins v. Ctr. for Spinal Surgery, 34 F. Supp. 3d 822 (M.D. Tenn. 2014).published
- Sharp v. Waste Mgmt., Inc., 47 F. Supp. 3d 584 (S.D. Ohio 2014).published
- Winchester v. City of Hopkinsville, 93 F. Supp. 3d 752 (W.D. Ky. 2015).published
- Schindewolf v. City of Brighton, 107 F. Supp. 3d 804 (E.D. Mich. 2015).published
- Marshall v. Belmont Cnty. Bd. of Commissioners, 110 F. Supp. 3d 780 (S.D. Ohio 2015).published
- Reynolds v. Chipotle Mexican Grill, Inc., 120 F. Supp. 3d 704 (S.D. Ohio 2015).published
- Kirkland v. James, 154 F. Supp. 3d 608 (S.D. Ohio 2015).published
- Berry v. Frank's Auto Body Carstar, Inc., 817 F. Supp. 2d 1037 (S.D. Ohio 2011).published
- Saley v. Caney Fork, LLC, 886 F. Supp. 2d 837 (M.D. Tenn. 2012).published
- Brintley v. St. Mary Mercy Hosp., 904 F. Supp. 2d 699 (E.D. Mich. 2012).published
- Pigott v. Battle Ground Academy, 909 F. Supp. 2d 949 (M.D. Tenn. 2012).published
- Green v. CGI Tech. & Solutions, 911 F. Supp. 2d 513 (N.D. Ohio 2012).published
- Kumar v. Aldrich Chem. Co., 911 F. Supp. 2d 571 (S.D. Ohio 2012).published
- Wolf v. Antonio Sofo & Son Importing Co., 919 F. Supp. 2d 916 (N.D. Ohio 2012).published
- Stewart v. Kettering Health Network, 954 F. Supp. 2d 654 (S.D. Ohio 2013).published
- Banks v. Argos Risk Mgmt. Servs., LLC, 963 F. Supp. 2d 778 (M.D. Tenn. 2013).published
- Cann v. Pierce Twp., 983 F. Supp. 2d 926 (S.D. Ohio 2013).published
- Upshaw v. Ford Motor Co., 576 F.3d 576 (6th Cir. 2009).published
- Abdulnour v. Campbell Soup Supply Co., 502 F.3d 496 (6th Cir. 2007).published
- Martin v. Toledo Cardiology Consultants, Inc., 548 F.3d 405 (6th Cir. 2008).published
- Ricks v. Potter, 608 F. Supp. 2d 882 (N.D. Ohio 2009).published
- Giles v. Univ. of Toledo, 478 F. Supp. 2d 942 (N.D. Ohio 2007).published
- Lamer v. Metaldyne Co., 240 F. App'x 22 (6th Cir. 2007).unpublished
- Parker v. Zale Corp., 864 F. Supp. 2d 670 (E.D. Tenn. 2012).published
- Speck v. Agrex, Inc., 888 F. Supp. 2d 867 (N.D. Ohio 2012).published
- Bloomfield v. Whirlpool Corp., 984 F. Supp. 2d 771 (N.D. Ohio 2013).published
- Prem Bhama v. Mercy Mem'l Hosp. Corp, 416 F. App'x 542 (6th Cir. 2011).unpublished
- Jose Davis v. Omni-Care, Inc., 482 F. App'x 102 (6th Cir. 2012).unpublished
- Madden v. Chattanooga City Wide Serv. Dep't, 549 F.3d 666 (6th Cir. 2008).published
- Russell v. Univ. of Toledo, 537 F.3d 596 (6th Cir. 2008).published
- Chattman v. Toho Tenax Am., Inc., 686 F. Supp. 2d 754 (E.D. Tenn. 2010).published
- Thomas v. Ametech, 464 F. Supp. 2d 688 (N.D. Ohio 2006).published
- Carolyn Johnson v. Interstate Brands Corp., 351 F. App'x 36 (6th Cir. 2009).unpublished
- Idella Rutherford v. Britthaven, Inc., 452 F. App'x 667 (6th Cir. 2011).unpublished
- Ferguson v. ProMedica Cent. Physicians, L.L.C., 2018-Ohio-4358, 114 N.E.3d 429.published
- Hale v. Mercy Health Partners, 20 F. Supp. 3d 620 (S.D. Ohio 2014).published
- Coke v. Delta Airlines, Inc., 69 F. Supp. 3d 662 (E.D. Mich. 2014).published
- Kea v. Donahoe, 119 F. Supp. 3d 723 (E.D. Mich. 2015).published
- Welsh v. Automatic Data Processing, Inc., 954 F. Supp. 2d 670 (S.D. Ohio 2013).published
- Lawroski v. Nationwide Mut. Ins., 981 F. Supp. 2d 704 (S.D. Ohio 2013).published
- Nathan v. Ohio State Univ., 984 F. Supp. 2d 789 (S.D. Ohio 2013).published
At page 1083 Jury's ability to reject employer's stated reasons132 citing cases“the plaintiff must produce sufficient evidence from which the jury may reasonably reject the employer's explanation.”
- David McDermott v. Cont'l Airlines, Inc., 339 F. App'x 552 (6th Cir. 2009).unpublished (The jury may not reject an employer’s explanation ... unless there is a sufficient basis in the evidence for doing so.)
- Adams v. Tennessee Dep't of Fin., 179 F. App'x 266 (6th Cir. 2006).unpublished (Accordingly, once the employer has come forward with a nondiscriminatory reason for firing the plaintiff, we hold that the plaintiff must produce sufficient evidence from which the jury may reasonably reject the employ…)
- Kline v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1997).published See also Manzer v. Diamond Shamrock Chemicals Company, 29 F.3d 1078, 1082 (6th Cir. 1994) (“The Sixth Circuit sided distinctly with the ‘pretext plus’ circuits.”). 2.
- Equal Emp. Opportunity Comm'n v. Yenkin-majestic Paint Corp., 112 F.3d 831 (6th Cir. 1997).published ([Ojnce the employer has come forward with a nondiscriminatory reason ... the plaintiff must produce sufficient evidence from which the [trier of fact] may reasonably reject the employer’s explanation.)
- Grosjean v. First Energy Corp., 196 F. Supp. 2d 522 (N.D. Ohio 2002).published Id. (“In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.”).
- Blankerts v. v. Gladieux Enter., 197 F. Supp. 2d 956 (N.D. Ohio 2002).published Id. (“In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.”).
- Gilbert v. City of Newport (TV2), No. 2:22-cv-00108 (E.D. Tenn. Dec. 9, 2024).Co., 29 F.3d 1078, 1083 (6th Cir. 1994), overruled on other grounds by Gross v. FBL Fin.
- Paula McDaniels v. Plymouth-Canton Cmty.. Sch., No. 17-2412 (6th Cir. Nov. 1, 2018).unpublished Manzer, 29 F.3d at 1082.
- Storrs v. Univ. of Cincinnati, 271 F. Supp. 3d 910 (S.D. Ohio 2017).published Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1082 (6th Cir. 1994).
- Gerard Howley v. Fed. Express Corp., 682 F. App'x 439 (6th Cir. 2017).unpublishedCo., 29 F.3d 1078, 1083 (6th Cir. 1994)).
Show 117 more citing cases
- Armstrong v. Tennessee Educ. Lottery Corp., 219 F. Supp. 3d 708 (M.D. Tenn. 2016).publishedA reasonable jury could accept Armstrong’s version of events and reject the Lottery Corporation’s explanation for discharging Armstrong because “there is a sufficient basis in the evidence for doing so.” Abdulnour v. Campbell Soup Supply C…
- Hile v. Pepsi-Cola Gen. Bottlers, Inc., 108 F.3d 1377 (6th Cir. 1997).unpublished
- 75 Fair empl.prac.cas. (Bna) 386 v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1998).published
- Una Aline Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998).published
- Browning v. Rohm & Haas Tennessee, Inc., 16 F. Supp. 2d 896 (E.D. Tenn. 1998).published
- Weller v. Titanium Metals Corp., 361 F. Supp. 2d 712 (S.D. Ohio 2005).published
- Haughton v. Orchid Automation, 206 F. App'x 524 (6th Cir. 2006).unpublished
- Lucile BARNETT v. Dep't OF Vets. AFFAIRS, 153 F.3d 338 (6th Cir. 1998).published
- Ella Pruett v. Wal-Mart Stores, No. 02A01-9610-CH-00266, 1997 WL 729260 (Tenn. Ct. App. Nov. 25, 1997).published
- Brown v. Renter's Choice, Inc., 55 F. Supp. 2d 788 (N.D. Ohio 1999).published
- Equal Emp. Opportunity Comm'n v. Int'l House of Pancakes, 411 F. Supp. 2d 709 (E.D. Mich. 2006).published
- Teri Williams v. PVACC, LLC, 369 F. App'x 667 (6th Cir. 2010).unpublished
- Rhodes v. Guiberson Oil Tools, 39 F.3d 537 (5th Cir. 1994).published
- Combs v. Plantation Patterns, 106 F.3d 1519 (11th Cir. 1997).published
- Michaline Neview v. D.O.C. Optics Corp., 382 F. App'x 451 (6th Cir. 2010).unpublished
- Edwin F. Borowski v. State Chem. Mfg. Co., 45 F.3d 430 (6th Cir. 1994).published
- Edward C. Tragler v. Rondy Inc., 45 F.3d 431 (6th Cir. 1994).published
- Myra J. WALKER v. NATIONSBANK OF FLORIDA N.A., 53 F.3d 1548 (11th Cir. 1995).published
- 71 Fair empl.prac.cas. (Bna) 186 v. Dowagiac Nursing Home Borgess Health Care All. Sandra Gardner Local 951 United Food & Com. Workers, 87 F.3d 164 (6th Cir. 1996).published
- Carla Valecko v. Sterling, Inc., 89 F.3d 837 (6th Cir. 1996).unpublished
- Roger Monette v. Elec. Data Sys. Corp., 90 F.3d 1173 (6th Cir. 1996).published
- Patricia J. Butler v. Ohio Power Co., 91 F.3d 143 (6th Cir. 1996).unpublished
- Ovalla A. Jobe v. Hardaway Mgmt. Co., 98 F.3d 1342 (6th Cir. 1996).unpublished
- Barbara R. Sheridan v. E.I. Dupont De Nemours & Co., 100 F.3d 1061 (3d Cir. 1996).published
- Gerald C. Woythal v. Tex-Tenn Corp., 112 F.3d 243 (6th Cir. 1997).published
- Etim U. v. Washington Hosp. Ctr., 116 F.3d 876 (D.C. Cir. 1997).published
- Carla Warfield v. Lebanon Corr. Inst. Jacqueline Marshall, 181 F.3d 723 (6th Cir. 1999).published
- Oil, Chem. & Atomic Workers Int'l Union, Local 7-629, Afl-Cio v. Rmi Titanium Co., 199 F.3d 881 (6th Cir. 2000).published
- Connie D. Gray v. Toshiba Am. Consum. Prods., Inc., 263 F.3d 595 (6th Cir. 2001).published
- Donald G. Wexler v. White's Fine Furniture, Inc., 317 F.3d 564 (6th Cir. 2003).published
- TECO Barge Line, Inc. v. Justin P. Wilson, No. M2009-01675-COA-R12-CV (Tenn. Ct. App. July 9, 2010).published
- Allen v. Highlands Hosp. Corp., 545 F.3d 387 (6th Cir. 2008).published
- Lytle v. Malady, 566 N.W.2d 582 (Mich. 1997).published
- Javetz v. Bd. of Control, 903 F. Supp. 1181 (W.D. Mich. 1995).published
- Imwalle v. Reliance Med. Prods., Inc., 515 F.3d 531 (6th Cir. 2008).published
- Scott v. Cent. Sch. Supply, Inc., 913 F. Supp. 522 (E.D. Ky. 1996).published
- Petsche v. Home Fed. Sav. Bank, 952 F. Supp. 536 (N.D. Ohio 1997).published
- Henderson v. Corr. Corp. of Am., 918 F. Supp. 204 (E.D. Tenn. 1996).published
- Joiner v. Ohio Dep't of Transp., 949 F. Supp. 562 (S.D. Ohio 1996).published
- Kirkpatrick v. Gen. Elec., 963 F. Supp. 628 (E.D. Mich. 1997).published
- Evans v. Jay Instrument & Specialty Co., 889 F. Supp. 302 (S.D. Ohio 1995).published
- Poff v. Chattanooga Grp., Inc., 912 F. Supp. 298 (E.D. Tenn. 1996).published
- Kulick v. Ethicon Endo-Surgery, Inc., 803 F. Supp. 2d 781 (S.D. Ohio 2011).published
- Simpson v. Ernst & Young, 879 F. Supp. 802 (S.D. Ohio 1994).published
- Terry v. Gallegos, 926 F. Supp. 679 (W.D. Tenn. 1996).published
- Potts v. Nat'l Healthcare, L.P., 961 F. Supp. 1136 (M.D. Tenn. 1996).published
- Martin v. Boeing-Oak Ridge Co., 244 F. Supp. 2d 863 (E.D. Tenn. 2002).published
- Evans v. Toys R Us-Ohio, Inc., 32 F. Supp. 2d 974 (S.D. Ohio 1999).published
- Lyons v. Memphis Bd. of Educ., 6 F. Supp. 2d 734 (W.D. Tenn. 1997).published
- Toyee v. Reno, 940 F. Supp. 1081 (E.D. Mich. 1996).published
- Scuderi v. Monumental Life Ins., 344 F. Supp. 2d 584 (E.D. Mich. 2004).published
- Robinson v. Radian, Inc., 624 F. Supp. 2d 617 (E.D. Mich. 2008).published
- Johannes v. Monday Cmty. Corr. Inst., 434 F. Supp. 2d 509 (S.D. Ohio 2006).published
- Reeves v. Rose, 108 F. Supp. 2d 720 (E.D. Mich. 2000).published
- Chester v. Quadco Rehab. Ctr., 484 F. Supp. 2d 735 (N.D. Ohio 2007).published
- Scovill v. WSYX/ABC, Sinclair Broadcast Grp., Inc., 312 F. Supp. 2d 955 (S.D. Ohio 2004).published
- Hemmert v. Quaker Oats Co., 157 F. Supp. 2d 864 (S.D. Ohio 2000).published
- Grant v. Harcourt Brace & Co., 12 F. Supp. 2d 748 (S.D. Ohio 1998).published
- Smith v. Chrysler Fin. Corp., 101 F. Supp. 2d 534 (E.D. Mich. 2000).published
- Gover v. Speedway Super Am., LLC, 254 F. Supp. 2d 695 (S.D. Ohio 2002).published
- Mumaw v. Dollar Gen. Corp., 19 F. Supp. 2d 786 (S.D. Ohio 1998).published
- Reinwald v. Huntington Nat'l Bank, 684 F. Supp. 2d 975 (S.D. Ohio 2010).published
- Douglas v. Mitzelfeld's, Inc., 8 F. Supp. 2d 650 (E.D. Mich. 1997).published
- Wilson v. Dana Corp., 210 F. Supp. 2d 867 (W.D. Ky. 2002).published
- Ligon v. Triangle Pac. Corp., 935 F. Supp. 936 (M.D. Tenn. 1996).published
- Parries v. Makino, Inc., 122 F. App'x 826 (6th Cir. 2004).unpublished
- Parries v. Makino, Inc., 148 F. App'x 291 (6th Cir. 2005).unpublished
- Tartt v. City of Clarksville, 149 F. App'x 456 (6th Cir. 2005).unpublished
- Sigall-Drakulich v. City of Columbus, 156 F. App'x 791 (6th Cir. 2005).unpublished
- Mischer v. Erie Metro Hous. Auth., 168 F. App'x 709 (6th Cir. 2006).unpublished
- Mazumder v. Univ. of Michigan, 195 F. App'x 320 (6th Cir. 2006).unpublished
- Kestner v. Stanton Grp., Inc., 202 F. App'x 56 (6th Cir. 2006).unpublished
- Brennan v. Tractor Supply Co., 237 F. App'x 9 (6th Cir. 2007).unpublished
- Doucet v. Univ of Cinti, No. 06-4118 (6th Cir. Aug. 28, 2007).unpublished
- Myers v. United States Cellular Corp., 257 F. App'x 947 (6th Cir. 2007).unpublished
- Jo Ann Allen v. Highlands Hosp. Corp., No. 07-6414 (6th Cir. Oct. 21, 2008).published
- Bridget Ray v. Oakland Cnty. Circuit Court, 355 F. App'x 873 (6th Cir. 2009).unpublished
- Will Singleton v. Select Specialty Hosp. - Lexington, 391 F. App'x 395 (6th Cir. 2010).unpublished
- Dennis Breen v. Infiltrator Sys., Inc., 417 F. App'x 483 (6th Cir. 2011).unpublished
- William Terry v. United States Enrichment Corp., 482 F. App'x 87 (6th Cir. 2012).unpublished
- Linda Jordan v. Kohl's Dep't Stores, Inc., 490 F. App'x 738 (6th Cir. 2012).unpublished
- Tommy Sharp v. Aker Plant Servs. Grp., Inc., 600 F. App'x 337 (6th Cir. 2015).unpublished
- Sheridan v. EI DuPont de Nemours, No. 94-7509 (3d Cir. Nov. 14, 1996).
- Sheridan v. DuPont & Co., No. 94-7509 (3d Cir. Jan. 31, 1996).
- Limberg v. Roosa, 2004 Ohio 1480 (Ohio Ct. App. 2d Dist. 2004).unpublished
- Bodaghi v. Dep't of Nat. Resources, 943 P.2d 1 (Colo. Ct. App. 1996).published
- Wixson v. Dowagiac Nursing Home, 87 F.3d 164 (6th Cir. 1996).published
- White v. Ohio, 2 F. App'x 453 (6th Cir. 2001).unpublished
- Carberry v. Monarch Marking Sys., Inc., 30 F. App'x 389 (6th Cir. 2002).unpublished
- Fountain Church of God in Christ v. Charter Twp. of Scio, 40 F. Supp. 2d 899 (E.D. Mich. 1999).published
- Webster v. City of Fairfield, 18 F. Supp. 3d 913 (S.D. Ohio 2014).published
- Hooker v. City of Toledo, 118 F. Supp. 3d 974 (N.D. Ohio 2015).published
- Johnson v. Fifth Third Bank, 151 F. Supp. 3d 763 (E.D. Mich. 2015).published
- Heath v. Ohio Tpk. Comm'n, 85 F. App'x 494 (6th Cir. 2004).unpublished
- Williams v. Columbus Metro. Hous. Auth., 90 F. App'x 870 (6th Cir. 2004).unpublished
- Covington v. MCI Worldcom Network Servs. Inc., 93 F. App'x 837 (6th Cir. 2004).unpublished
- Curtis v. Hanger Prosthetics & Orthotics, Inc., 101 F. App'x 61 (6th Cir. 2004).unpublished
- Reid v. Michigan Dep't of Corr., 101 F. App'x 116 (6th Cir. 2004).unpublished
- Cummings v. Kilroy, 908 F. Supp. 507 (S.D. Ohio 1995).published
- Woythal v. Tex-Tenn Corp., 910 F. Supp. 368 (E.D. Tenn. 1995).published
- Linda Day v. City of Southfield, 61 F.3d 903 (6th Cir. 1995).unpublished
- William Grosjean v. First Energy Corp. Toledo Edison Energy, 349 F.3d 332 (1st Cir. 2003).published
- Upshaw v. Ford Motor Co., 576 F.3d 576 (6th Cir. 2009).published
- Abdulnour v. Campbell Soup Supply Co., 502 F.3d 496 (6th Cir. 2007).published
- Martin v. Toledo Cardiology Consultants, Inc., 548 F.3d 405 (6th Cir. 2008).published
- Carey v. Fedex Ground Package Sys., Inc., 321 F. Supp. 2d 902 (S.D. Ohio 2004).published
- Ricks v. Potter, 608 F. Supp. 2d 882 (N.D. Ohio 2009).published
- Giles v. Univ. of Toledo, 478 F. Supp. 2d 942 (N.D. Ohio 2007).published
- Lamer v. Metaldyne Co., 240 F. App'x 22 (6th Cir. 2007).unpublished
- Waiters v. City of Cleveland, No. 80889 (Ohio Ct. App. Sept. 19, 2002).unpublished
- Stepic v. Penton Media, Inc., No. 77318 77737 (Ohio Ct. App. Dec. 14, 2000).unpublished
- Haley v. Gen. Elec. Co., 3 F. App'x 240 (6th Cir. 2001).unpublished
- Giles v. Norman Noble, Inc., 88 F. App'x 890 (6th Cir. 2004).unpublished
- Parker v. Zale Corp., 864 F. Supp. 2d 670 (E.D. Tenn. 2012).published
- Speck v. Agrex, Inc., 888 F. Supp. 2d 867 (N.D. Ohio 2012).published
- Crane v. Monterey Mushroom, Inc., 910 F. Supp. 2d 1032 (E.D. Tenn. 2012).published
- Bloomfield v. Whirlpool Corp., 984 F. Supp. 2d 771 (N.D. Ohio 2013).published
At page 1081 Direct evidence versus inferential evidence in discrimination cases66 citing casesevidence that requires the jury to infer a fact is not direct evidence
- Kline v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1997).published See also Manzer v. Diamond Shamrock Chemicals Company, 29 F.3d 1078, 1082 (6th Cir. 1994) (“The Sixth Circuit sided distinctly with the ‘pretext plus’ circuits.”). 2.
- Grosjean v. First Energy Corp., 196 F. Supp. 2d 522 (N.D. Ohio 2002).published Id. (“In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.”).
- Russell v. Dep't of the Treasury, No. 3:21-cv-00289 (S.D. Ohio Mar. 3, 2025).Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1081 (6th Cir. 1994).
- Garner v. Fuyao Glass Am., Inc., No. 3:21-cv-00051 (S.D. Ohio Oct. 25, 2023).Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1081 (6th Cir. 1994).
- Clark v. UBS, No. 3:19-cv-00510 (M.D. Tenn. May 26, 2022).Johnson, 215 F.3d at 572 , citing Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1081 (6th Cir. 1994), citing Price Waterhouse v. Hopkins, 490 U.S. 228, 244-45 , 109 S. Ct. 1775 , 104 L.
- Leon Drake v. Int'l Permalite, Inc., 45 F.3d 430 (6th Cir. 1994).published
- Bruce Easterwood v. Racetrac Petroleum, Inc., 45 F.3d 430 (6th Cir. 1994).published
- Robert Bawcum v. Fed. Express Corp., 52 F.3d 324 (6th Cir. 1995).published
- Robert D. Cook v. Am. S.S. Co., 53 F.3d 733 (6th Cir. 1995).published
- Medhat Korna v. Veda, Inc., 96 F.3d 1448 (6th Cir. 1996).unpublished
Show 56 more citing cases
- Hile v. Pepsi-Cola Gen. Bottlers, Inc., 108 F.3d 1377 (6th Cir. 1997).unpublished
- Robert TINKER v. SEARS, ROEBUCK & CO., 127 F.3d 519 (6th Cir. 1997).published
- 75 Fair empl.prac.cas. (Bna) 386 v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1998).published
- Una Aline Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998).published
- Albert J. SCOTT v. GOODYEAR TIRE & RUBBER Co., 160 F.3d 1121 (6th Cir. 1999).published
- Robin Laderach v. U-Haul of Nw. Ohio & Robert Gilray, 207 F.3d 825 (6th Cir. 2000).published
- John B. Johnson v. Univ. of Cincinnati, 215 F.3d 561 (6th Cir. 2000).published
- Pram Nguyen v. City of Cleveland, 229 F.3d 559 (6th Cir. 2000).published
- Harold F. Braithwaite v. Timken Co., 258 F.3d 488 (6th Cir. 2001).published
- Stanley Johnson v. Kroger Co., 319 F.3d 858 (6th Cir. 2003).published
- Roscoe C. Rowan v. Lockheed Martin Energy Sys., Inc., 360 F.3d 544 (6th Cir. 2004).published
- Gosche v. Calvert High Sch., 997 F. Supp. 867 (N.D. Ohio 1998).published
- Garraway v. Diversified Material Handling Inc., 975 F. Supp. 1026 (N.D. Ohio 1997).published
- Coleman v. Toys" R" US, Inc., 976 F. Supp. 713 (N.D. Ohio 1997).published
- Dunnom v. Bennett, 290 F. Supp. 2d 860 (S.D. Ohio 2003).published
- Homes-Naples v. Girard Bd. of Educ., 212 F. Supp. 2d 743 (N.D. Ohio 2001).published
- Hicks v. Novartis Pharm. Corp., 457 F. Supp. 2d 814 (S.D. Ohio 2005).published
- Casillas v. Fed. Express Corp., 140 F. Supp. 2d 875 (W.D. Tenn. 2001).published
- Jeanlouis v. Prod. Action, 551 F. Supp. 2d 687 (N.D. Ohio 2007).published
- Vannoy v. Ocsea Local 11, 36 F. Supp. 2d 1018 (S.D. Ohio 1999).published
- DiPietro v. Morgan Stanley DW Inc., 517 F. Supp. 2d 1016 (S.D. Ohio 2007).published
- Siemer v. Comet North Am., 467 F. Supp. 2d 781 (S.D. Ohio 2006).published
- Quintanilla v. AK TUBE LLC, 477 F. Supp. 2d 828 (N.D. Ohio 2007).published
- Damron v. Yellow Freight Sys., Inc., 18 F. Supp. 2d 812 (E.D. Tenn. 1998).published
- Browning v. Rohm & Haas Tennessee, Inc., 16 F. Supp. 2d 896 (E.D. Tenn. 1998).published
- Perry v. McGinnis, 2 F. Supp. 2d 952 (E.D. Mich. 1998).published
- Chang v. Univ. of Toledo, 480 F. Supp. 2d 1009 (N.D. Ohio 2007).published
- Weller v. Titanium Metals Corp., 361 F. Supp. 2d 712 (S.D. Ohio 2005).published
- Irwin v. Marquette Med. Sys., Inc., 107 F. Supp. 2d 974 (S.D. Ohio 2000).published
- Rogers v. DaimlerChrysler Corp., 588 F. Supp. 2d 804 (N.D. Ohio 2008).published
- McGinnis v. United States Air Force, 266 F. Supp. 2d 748 (S.D. Ohio 2003).published
- McIntosh v. Stanley-Bostitch, Inc., 82 F. Supp. 2d 775 (S.D. Ohio 2000).published
- Davidson v. Franciscan Health Sys. of Ohio Valley, Inc., 82 F. Supp. 2d 768 (S.D. Ohio 2000).published
- Woodson v. Anne Grady Corp., 579 F. Supp. 2d 984 (N.D. Ohio 2008).published
- Anthony v. United Tel. Co. of Ohio, 277 F. Supp. 2d 763 (N.D. Ohio 2002).published
- Abrams v. Millikin & Fitton Law Firm, 267 F. Supp. 2d 868 (S.D. Ohio 2003).published
- Chitwood v. Dunbar Armored, Inc., 267 F. Supp. 2d 751 (S.D. Ohio 2003).published
- Pittman v. Cuyahoga Valley Career Ctr., 451 F. Supp. 2d 905 (N.D. Ohio 2006).published
- Sublett v. Edgewood Universal Cabling Sys., Inc., 194 F. Supp. 2d 692 (S.D. Ohio 2002).published
- Butcher v. Gerber Prods. Co., 88 F. Supp. 2d 788 (W.D. Mich. 2000).published
- Das v. Ohio State Univ., 115 F. Supp. 2d 885 (S.D. Ohio 2000).published
- Georgie Brewer v. New Era, Inc., 564 F. App'x 834 (6th Cir. 2014).unpublished
- Rowan v. Lockheed Martin, No. 02-6160 (6th Cir. Mar. 11, 2004).published
- Acree v. Tyson Bearing Co Inc, 128 F. App'x 419 (6th Cir. 2005).unpublished
- Bolander v. BP Oil Co., 128 F. App'x 412 (6th Cir. 2005).unpublished
- Chandler v. Specialty Tires of Am. (Tennessee), Inc., 134 F. App'x 921 (6th Cir. 2005).unpublished
- Cantrell v. Nissan North Am. Inc., 145 F. App'x 99 (6th Cir. 2005).unpublished
- Preston v. Clayton Homes, Inc., 167 F. App'x 488 (6th Cir. 2006).unpublished
- Haughton v. Orchid Automation, 206 F. App'x 524 (6th Cir. 2006).unpublished
- Ozier v. RTM Enter, No. 05-2027 (6th Cir. Feb. 8, 2007).unpublished
- Ozier v. RTM Enter. of Georgia, Inc., 229 F. App'x 371 (6th Cir. 2007).unpublished
- Brewer v. Cedar Lake Lodge, Inc., 243 F. App'x 980 (6th Cir. 2007).unpublished
- Blair v. Henry Filters, Inc., 505 F.3d 517 (6th Cir. 2007).published
- Jenkins v. Plumbers & Pipefitters Union Local No. 614, 971 F. Supp. 2d 737 (W.D. Tenn. 2013).published
- Johnson v. McDonald & Co. Sec., 982 F. Supp. 483 (N.D. Ohio 1997).published
- Petrilla v. Ajax Magnethermic Corp., 82 Ohio St. 3d 61 (1998).published
At page 1082 Rebutting the burden of proof in discrimination cases37 citing casesemployer must produce evidence of a “legitimate, nondiscriminatory reason” for its actions; the plaintiff must then persuade the trier of fact the proffered reason is a pretext
- Kline v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1997).published (The Sixth Circuit sided distinctly with the ‘pretext plus’ circuits.)
- Equal Emp. Opportunity Comm'n v. Yenkin-majestic Paint Corp., 112 F.3d 831 (6th Cir. 1997).published Manzer, 29 F.3d at 1083 (“[Ojnce the employer has come forward with a nondiscriminatory reason ... the plaintiff must produce sufficient evidence from which the [trier of fact] may reasonably reject the employer’s explanation.”).
- S. v. BASF Corp., No. 1:19-cv-00067 (N.D. Ohio Mar. 20, 2020).Manzer, 29 F.3d at 1082; St.
- Paula McDaniels v. Plymouth-Canton Cmty.. Sch., No. 17-2412 (6th Cir. Nov. 1, 2018).unpublished Manzer, 29 F.3d at 1082.
- Storrs v. Univ. of Cincinnati, 271 F. Supp. 3d 910 (S.D. Ohio 2017).published Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1082 (6th Cir. 1994).
- 75 Fair empl.prac.cas. (Bna) 386 v. Tennessee Valley Auth., 128 F.3d 337 (6th Cir. 1998).published
- Albert J. SCOTT v. GOODYEAR TIRE & RUBBER Co., 160 F.3d 1121 (6th Cir. 1999).published
- McIntosh v. Stanley-Bostitch, Inc., 82 F. Supp. 2d 775 (S.D. Ohio 2000).published
- Petrilla v. Ajax Magnethermic Corp., 82 Ohio St. 3d 61 (1998).published
- Jefferson Smith, Jr. v. Janet Reno, 89 F.3d 835 (6th Cir. 1996).unpublished
Show 26 more citing cases
- Kim Ensley-Gaines v. Marvin Runyon, Postmaster, 100 F.3d 1220 (6th Cir. 1996).published
- John Ventura v. City of Indep., 108 F.3d 1378 (6th Cir. 1997).unpublished
- Lucile BARNETT v. Dep't OF Vets. AFFAIRS, 153 F.3d 338 (6th Cir. 1998).published
- Whitaker v. Wallace, 170 F.3d 541 (6th Cir. 1999).published
- Michael Berry v. Frank's Auto Body Carstar, Inc., 495 F. App'x 623 (6th Cir. 2012).unpublished
- Ella Pruett v. Wal-Mart Stores, No. 02A01-9610-CH-00266, 1997 WL 729260 (Tenn. Ct. App. Nov. 25, 1997).published
- Pattison v. Meijer, Inc., 897 F. Supp. 1002 (W.D. Mich. 1995).published
- McDonnell v. Certified Eng'g & Testing Co., 899 F. Supp. 739 (D. Mass. 1995).published
- Brown v. Renter's Choice, Inc., 55 F. Supp. 2d 788 (N.D. Ohio 1999).published
- McIlwain v. Ohio Dep't of Mental Health, 409 F. Supp. 2d 908 (N.D. Ohio 2006).published
- Allen v. Deerfield Mfg. Inc., 424 F. Supp. 2d 987 (S.D. Ohio 2006).published
- Seay v. Tennessee Valley Auth., 340 F. Supp. 2d 832 (E.D. Tenn. 2004).published
- Equal Emp. Opportunity Comm'n v. Memphis Goodwill Indus. Inc., 675 F. Supp. 2d 846 (W.D. Tenn. 2009).published
- Equal Emp. Opportunity Comm'n v. Int'l House of Pancakes, 411 F. Supp. 2d 709 (E.D. Mich. 2006).published
- Herbst v. Sys. One Info. Mgmt., LLC, 31 F. Supp. 2d 1025 (N.D. Ohio 1998).published
- Lloyd v. East Cleveland City Sch. Dist., 232 F. Supp. 2d 806 (N.D. Ohio 2002).published
- Finch v. Xavier Univ., 689 F. Supp. 2d 955 (S.D. Ohio 2010).published
- D.J. Miller & Assocs., Inc. v. Ohio Dep't of Admin. Servs., 115 F. Supp. 2d 872 (S.D. Ohio 2000).published
- Doug Stewart v. Kettering Health Network, 576 F. App'x 518 (6th Cir. 2014).unpublished
- Sosby v. Miller Brewing Co., 211 F. App'x 382 (6th Cir. 2006).unpublished
- Sanford v. Main Street Baptist Church Manor, Inc., 327 F. App'x 587 (6th Cir. 2009).unpublished
- Teri Williams v. PVACC, LLC, 369 F. App'x 667 (6th Cir. 2010).unpublished
- Petrilla v. Ajax Magnethermic Corp., 694 N.E.2d 67 (Ohio 1998).published
- Montgomery v. Honda of Am. Mfg., Inc., 47 F. App'x 342 (6th Cir. 2002).unpublished
- Young v. McHugh, 24 F. Supp. 3d 658 (E.D. Mich. 2014).published
- Jurrus v. Frank, 932 F. Supp. 988 (N.D. Ohio 1993).published
At page 1085 Limiting just cause arguments in discrimination suits6 citing casesholding that "'just-cause' arguments must not be allowed to creep into an employment discrimination lawsuit
- Adams v. Tennessee Dep't of Fin., 179 F. App'x 266 (6th Cir. 2006).unpublished Manzer, 29 F.3d at 1083 (“Accordingly, once the employer has come forward with a nondiscriminatory reason for firing the plaintiff, we hold that the plaintiff must produce sufficient evidence from which the jury may reasonably reject the e…
- Johannes v. Monday Cmty. Corr. Inst., 434 F. Supp. 2d 509 (S.D. Ohio 2006).published
- Woythal v. Tex-Tenn Corp., 910 F. Supp. 368 (E.D. Tenn. 1995).published
- Boyce A. Smith v. Leggett Wire Co., 220 F.3d 752 (6th Cir. 2000).published
- Kirkpatrick v. Gen. Elec., 969 F. Supp. 457 (E.D. Mich. 1997).published
- Blackann v. Roadway Express, Inc., 159 F. App'x 704 (6th Cir. 2005).unpublished
In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.
- Grosjean v. First Energy Corp., 196 F. Supp. 2d 522 (N.D. Ohio 2002).published (In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.)
- Blankerts v. v. Gladieux Enter., 197 F. Supp. 2d 956 (N.D. Ohio 2002).published (In such cases, the plaintiff attempts to indict the credibility of his employer’s explanation by showing circumstances which tend to prove that an illegal motivation was more likely than that offered by the defendant.)
v.
DIAMOND SHAMROCK CHEMICALS COMPANY, formerly Diamond Shamrock Corporation Occidental Chemical Corporation Arch Mineral Maxus Energy Corporation
Manzer sued his former employer, Diamond Shamrock, in Kentucky state court on state-law age discrimination grounds. Diamond Shamrock removed the case to federal court on diversity grounds and, upon removal, Manzer amended his complaint to allege a violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (ADEA). The case was tried to a jury and, at the close of all the evidence, the district court granted Diamond Shamrock’s motion for a directed verdict.[1] Because Manzer failed to produce sufficient evidence from which a jury could conclude that Diamond Shamrock’s nondis[*1081]criminatory explanations were pretextual, we AFFIRM.
I.
We review a directed verdict de novo. King v. Love, 766 F.2d 962, 969 (6th Cir.), cert. denied, 474 U.S. 971, 106 S.Ct. 351, 88 L.Ed.2d 320 (1985). Thus, we "must view the evidence in a light most favorable to the nonn-ioving party and give that party the benefit of all reasonable inferences." Danielson v. City of Lorain, 938 F.2d 681, 683 (6th Cir.1991). Where no reasonable jnror could find for the nonmoving party, a directed verdict is appropriate. Fite v. First Tennessee Prod. Credit Assoc., 861 F.2d 884, 889 (6th Cir.1988).
A. Direct Evidence
An ADEA plaintiff's case is submissi-ble if it presents direct evidence that the def~ndant fired the plaintiff because of his age. In such cases, provided that the jury believes plaintiffs evidence, the burden of persuasion shifts to the employer to prove that it would have terminated the plaintiff even had it not been motivated by age discrimination. Price Waterhouse v. Hopkins, 490 U.S. 228, 244-45, 109 S.Ct. 1775, 1787-88, 104 L.Ed.2d 268 (1989) (plurality opinion). Manzer contends that he presented direct evidence of age discrimination and, therefore, the burden of persuasion should have shifted to Diamond Shamrock.
On cross-examination, Manser elicited the following testimony from John McConnell, Manzer's supervisor at the time Manzer was fired:
Q. Had Edwin Manzer been 55 [years old], you wouldn’t have had to terminate him, would you?
A. If Ed Manzer had been 55, he would have been offered the same program, I presume, of voluntarily [sic] retirement, early retirement. I presume he would have been included in that group, if he had been 55.
This is not direct evidence of age discrimination. It is merely a statement of fact that, had Manzer been older, he would have qualified for the same benefits as others. The relevance of this statement to Manzer’s case, if any, is provided by inference. Manzer would have the jury infer from the “timing” of his termination that not only was age the motivating factor in terminating him but also that his imminent qualification for additional benefits forced the company to terminate him before he got any older. Because this evidence is, at most, circumstantial evidence of discrimination, Price Waterhouse is not applicable.
B. Circumstantial Evidence
Even without direct evidence of age discrimination, an ADEA plaintiff may stifi make a submissible case by presenting evidence from which the jury may infer an invidious intent behind plaintiffs termination. The process by which the sufficiency of such a case is tested was first articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and later refined in Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).
1. Prima facie case
In this paradigm, the plaintiff must first establish a prima fade case of discrimination by introducing evidence sufficient to support a finding that (1) plaintiff was a member of the protected class, (2) plaintiff suffered an adverse employment action, (3) plaintiff was qualified for the position either lost or not gained, and (4) a person not of the protected class replaced, or was selected over, the plaintiff. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824 (Title VII claim); Gagne v. Northwestern Nat. Ins. Co., 881 F.2d 309, 313 (6th Cir.1989) (ADEA claim).[2] This proof "in effect creates a presumption that the employer unlawfully discriminated against the employee." Burdine, 450 U.S. at 254, 101 S.Ct. at 1094.
[*1082] It is admitted, here, that Manzer adduced sufficient evidence from which a reasonable juror could conclude all of the elements of his prima facie case. Manzer was fifty-five years old when he was fired from his position as Comptroller of Diamond Shamrock's Coal Unit division. He was replaced by Ralph Turner, who was then thirty-three years old. Although Diamond Shamrock disputed that Manzer was "qualified" to continue serving as comptroller at the time he was fired, the district court denied Diamond Shamrock's motion for a directed verdict at the close of lvlanzer's case on the ground that Manzer's evidence had created a jury question on that issue. Additionally, in granting the subsequent directed motion under review here, the district court specifically found that Manzer's proof on this issue created a jury question.
2. Defendant’s burden
Once the plaintiff has made a prima facie case, the burden shifts to the defendant to "rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason." Burdine, 450 U.S. at 254, 101 S.Ct. at 1094. The Court emphasized that this burden was merely one of "production" because "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." Id. at 253, 101 S.Ct. at 1093.
Here, Diamond Shamrock introduced evidence of two age-neutral bases for its decision to fire Manzer: (1) Manzer was argumentative and confrontational `with superiors and co-workers, and (2) Manzer's work product was, on occasion, inaccurate. More to the point, counsel for Diamond Shamrock stated that Manzer was fired because he was "obnoxious and unreliable." These nondiscriminatory explanations for Diamond Shamrock's actiohs "destroyf II the legally mandatory inference of discrimination arising from the plaintiffs initial evidence." Id. at 255 n. 10, 101 S.Ct. at 1095 n. 10.
3. Plaintiffs rebuttal
In Burdine, the Supreme Court noted that the employer's explanations serve to "frame the factual issue with sufficient clarity so that the plaintiff will have a full and feir opportunity to demonstrate pretext." Burdine, 450 U.S. at 255-56, 101 S.Ct. at 1095 (emphasis added). Pretext may be shown "either directly by persuading the [trier of fact] that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence." Id. at 256, 101 S.Ct. at 1095.
Prior to 1993, a majority of courts held that a plaintiff was required to make both the “direct” and the “indirect” showings discussed in Burdine. Thus, these courts required that “an ADEA plaintiff must do more than simply refute or cast doubt on the company’s rationale for the adverse action. The plaintiff must also show a discriminatory animus based on age.” Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 9 (1st Cir.1990) (emphasis added). These courts have been dubbed “pretext plus” circuits. See Anderson v. Baxter Healthcare Corp., 13 F.3d 1120, 1123-24 (7th Cir.1994) (compiling eases).
A minority of courts, dubbed “pretext only” circuits, reached a dramatically different conclusion. These held that, not only did the plaintiffs prima facie evidence still provide a basis for inferring discrimination, such an inference was required once plaintiff showed that the employer’s explanation was not credible. Thus, a finding that the employer’s explanation was not credible was held to be “equivalent to a finding that the employer intentionally discriminated.” Duffy v. Wheeling Pittsburgh Steel Corp., 738 F.2d 1393, 1396 (3d Cir.), cert. denied, 469 U.S. 1087, 105 S.Ct. 592, 83 L.Ed.2d 702 (1984).
The Sixth Circuit sided distinctly with the “pretext plus” circuits. In Gagne, this court stated:
To meet [her rebuttal] standard, [plaintiff] was required to produce direct, indirect or circumstantial evidence that her age was a factor in the decision to terminate her and[*1083] that "but for" this factor she would not have been terminated.
Gagne, 881 F.2d at 314. This court went on to say that, "`[i]ndeed, the inference of discrimination created by the prima facie case is dispelled once the employer's reason is stated, until and unless the latter is shown to be a pretext." Id. (quoting Menard v. First Security Serv. Corp., 848 F.2d 281, 287 (1st Cir.1988) (emphasis added).
Recently, the Supreme Court rejected the "pretext only" position and held that a mere finding that the reasons given by the employer "were not the real reasons" for firing plaintiff did not compel judgment for the plaintiff. St. Mary's Honor Center v. Hicks, - U.S. -, - - -, 113 S.Ct. 2742, 2748-49, 125 L.Ed.2d 407 (1993). The Court, however, also rejected the "pretext plus" position, stating:
The factflnder's disbelief of the reasons put forward by the defendant (particularly if disbelief is accompanied by a suspicion of mendacity) may, together with the elements of the prima facie case, suffice to show intentional discrimination. Thus, rejection of the defendant's proffered reasons, will permit the trier of fact to infer the ultimate fact of intentional discrimination, and the Court of Appeals [for the Eighth Circuit] was correct when it noted that, upon such rejection, `[nb additional proof of discrimination is required.'
Id. at -, 113 S.Ct. at 2749 (citation and footnote omitted) (emphasis in the original). The Court summarized its holding by saying that "[elven though (as we say here) rejection of the defendant's proffered reasons is enough at law to sustain a finding of discrimination, there must be a finding of discrimination." Id. at - n. 4, 113 S.Ct. at 2749 n. 4 (emphasis in the original).
Thus, Hicks clarified that the only effect of the employer's nondiscriminatory explanation is to convert the inference of discrimination based upon the plaintiffs prima facie case from a mandatory one which the jury must draw, to a permissive one the jury may draw, provided that the jury finds the employer's explanation "unworthy" of belief.
The jury may not reject an employer's explanation, however, unless there is a sufficient basis in the evidence for doing so. To allow the jury simply to refuse to believe the employer's explanation would subtly, but inarguably, shift the burden of persuasion from the plaintiff to the defendant, which we must not permit. See Burdine, 450 U.S. at 254, 101 S.Ct. at 1094 ("defendant need not persuade the [trier of fact] that it was actually motivated by the proffered reasons"); Hicks, - U.S. at -, 113 S.Ct. at 2747 ("ultimate burden of persuading the trier of fact that the defendant intentionally cliscrimi-nated against the plaintiff remains at all times with the plaintiff').
Accordingly, once the employer has come forward with a nondiscriminatory reason for firing the plaintiff, we hold that the plaintiff must produce sufficient evidence from which the jury may reasonably reject the employer's explanation. See Gaworski v. ITT Commercial Finance Corp., 17 F.3d 1104, 1109 (8th Cir.1994) ("if (1) the elements of a prima facie case are present, and (2) there exists sufficient evidence for a reasonable jury to reject the defendant's proffered reasons for its actions, then the evidence is sufficient to allow the jury to determine whether intentional discrimination has occurred").[3]
[*1084] To make a submissible case on the credibility of his employer's explanation, the plaintiff is "required to show by a preponderance of the evidence either (1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did not actually motivate his discharge, or (3) that they were insufficient to motivate discharge." McNabola v. Chicago Transit Authority, 10 F.3d 501, 513 (7th Cir.1993) (emphasis added and quotation marks omitted). The first type of showing is easily recognizable and consists of evidence that the proffered bases for the plaintiffs discharge never happened, i.e., that they are "factually false." Baxter Healthcare, 13 F.3d at 1123-24. The third showing is also easily recognizable and, ordinarily, consists of evidence that other employees, particularly employees not in the protected class, were not fired even though they engaged in substantially identical conduct to that which the employer contends motivated its discharge of the plaintiff. These two types of rebuttals are direct attacks on the credibifity of the employer's proffered motivation for firing plaintiff and, if shown, provide an evidentiary basis for what the Supreme Court has termed "a suspicion of mendacity." Hicks, - U.S. at -, 113 S.Ct. at 2749. As Hicks teaches, such a showing permits, but does not require, the factflnder to infer illegal discrimination from the plaintiff's prima facie case.
The second showing, however, is of an entirely different ilk. There, the plaintiff admits the factual basis underlying the employer's proffered explanation and further admits that such conduct could motivate dismissal. The plaintiffs attack on the credibility of the proffered explanation is, instead, an indirect one. In such cases, the plaintiff attempts to indict the credibility of his employer's explanation by showing circumstances which tend to prove that an ifiegal motivation was more likely than that offered by the defendant. In other words, the plaintiff argues that the sheer weight of the circumstantial evidence of discrimination makes it "more likely than not" that the employer's explanation is a pretext, or coverup.
If the bare bones elements of a plaintiff's prima facie case were sufficient to make this showing, however, the entire "burden shifting" analysis of McDonnell Douglas and its successors would be illusory. No case could ever be culled out after the prima facie stage and every case would have to be determined by a jury. We do not believe that this was the intent of Congress or the outcome envisioned by the Supreme Court in its long line of cases implementing employment discrimination legislation. Accordingly, we hold that, in order to make this type of rebuttal showing, the plaintiff may not rely simply upon his prima fade evidence but must, instead, introduce additional evidence of age discrimination.
C.
In the present case, Man~er contends that the same evidence which created a jury question on his prima facie element of "qualification" was also sufficient to permit a reasonable juror to reject Diamond Shamrock's proffered explanations as "phony". The district court held, and Manzer does not dispute, that he presented no evidence that his employer's explanations were "factually false." Nor did Manzer introduce any evidence that other, but younger, employees were not fired even though they were just as "obnoxious and unreliable" as he. Therefore, the sufficiency of Manzer's rebuttal must be evaluated in terms of the second showing discussed above, i.e. that the strength of his circumstantial evidence of age discrimination overwhelms, or at least would permit a reasonable juror to conclude that it overwhelms, Diamond Shamrock's non-discriminatory reasons.
The central theme of Manzer's argument is that, because he continued to receive good performance evaluations and merit pay increases even after the incidents which Diamond Shamrock cited as ifiustrative of his inaccuracy and combative attitude, those explanations must be incredible. This argu[*1085]ment is misdirected. The issue is not whether Manzer was truly “obnoxious” enough, or “unreliable” enough, to justify firing him. Nor are we concerned with why Diamond Shamrock retained Manzer as long as it did. Those are precisely the type of “just cause” arguments which must not be allowed to creep into an employment discrimination lawsuit. Diamond Shamrock asserts that these are the reasons Manzer was fired and, in the absence of one of the three showings discussed above, its explanations must be accepted.[4]
We do not find any evidence, other than that which established his four prima facie elements, that age played any part in Man-zer’s termination. The evaluation Manzer received from McConnell, who ultimately fired him, rated Manzer “good,” but not “promotable.” As such, it was hardly the ringing affirmation that Manzer now contends it was, particularly in light of McConnell’s testimony that he was trying to “get along” with Man-zer given the short time that they had worked together. Nor was Manzer’s “merit” pay increase particularly noteworthy in light of the evidence that such raises were given almost universally. Finally, Manzer’s invitation to participate in the company’s profit sharing plan, apparently, was extended by Diamond Shamrock officers in the Dallas office, who did not have to work with him on a day-to-day basis.
The relevance of these facts and Manzer’s “timing” argument is limited to establishing Manzer’s prima facie element of “qualification.” They have no independent probative value on the issue of illegal discrimination. Indeed, the only facts which separate Man-zer’s case from the garden-variety termination of an “at will” employee are that he was over forty years old when he was fired and that he was replaced by someone under forty years old. While these elements, together with the element of “qualification,” may be sufficient to force Diamond Shamrock to come forward with a nondiscriminatory reason for having fired him, they are not sufficient, by themselves, to permit a factfinder to conclude that the reasons proffered by Diamond Shamrock were a pretext for age discrimination.
Accordingly, because we hold that a plaintiff must introduce some evidence of age discrimination other than his prima facie case where there is no evidence which directly challenges the credibility of his employer’s proffered explanations, we hold that the district court did not err in granting Diamond Shamrock’s motion for a directed verdict at the close of all the evidence.
II.
Manzer's remaining three arguments allege reversible error in the course of the trial. We have reviewed these claims and find no cause for reversal. The district court was well within its discretion in admitting testimony concerning inaccuracies in Manzer's work, even though no physical copies of those records were produced. See Fed.R.Evid. 1004(1) and (4). Nor was evidence of Manzer's "bad attitude" at work inadmissible evidence of prior bad acts as Manzer asserts. Finally, Manzer's failure to police his own invocation of "the rule" regarding witnesses, and the absence of any plain error by the district court as to this[*1086] issue, dispose of his final point.[5]
III.
For the reasons stated above, we AFFIRM the district court’s decision to grant Diamond Shamrock’s motion for a directed verdict.
In an unpublished opinion, a panel of this court vacated an earlier summary judgment in favor of Diamond Shamrock in this case, without reaching the merits, holding that "it was an abuse of discretion to grant summary judgment on the age discrimination claims simultaneously with the denial of the related discovery motions which had been pending for nearly three years.” Manzer v. Diamond Shamrock, 907 F.2d 151 (1990 WL 92630 at **5).
In an age discrimination context, this court has held that a prima facie case has been shown where the plaintiff was replaced by someone younger, even though that person may still be within the protected class of persons age 40- and-over. See Barnes v. GenCorp. Inc., 896 F.2d 1457, 1466 (6th Cir.1990).
Every circuit court to address the impact of Hicks on the submissibility of employment discrimination cases has reached this same conclusion. See Washington v. Garrett, 10 F.3d 1421, 1433 (9th Cir.1994) ("as EHicks] recognizes, there will always be a question for the factfinder once plaintiff establishes a prima facie case and raises a genuine issue as to whether the employer's explanation for its action is true"); Baxter Healthcare, 13 F.3d at 1124 (to make a submissi-ble case, plaintiff "must only produce evidence from which a rational factfinder could infer that the company lied about its proffered reasons for his dismissal) (internal quotation marks omitted); LeBlanc v. Great American Ins. Co., 6 F.3d 836, 843 (1st Cir.1993) (plaintiff's case was not sub-missible because the "jury would lack any rational basis from this evidence to conclude that [defendant's] assertions of financial concern, as a basis for the discharges, were a sham"), cert. denied, - U.S. -, 114 S.Ct. 1398, 128 L.Ed.2d 72 (1994). Cf. Cabrera v. Jakabovitz, 24 F.3d 372, 385 (2nd Cir.1994) ("[plaintiff] did not fail to offer sufficient evidence of discrimination by not presenting more evidence after [defendant] endeavored to provide a nondiscriminatory[*1084] reason for his actions" where other evidence in the record support jury's finding that explanation was "unbelievable"),
Fite v. First Tennessee Prod. Credit Assoc., 861 F.2d 884 (6th Cir.1988), although cited by neither party, is illustrative. In Fite, the plaintiff's rebuttal consisted, in part, of showing that he had received good work evaluations and merit pay increases up until the time he was “retired.” Id. at 890. Unlike the present case, however, the executive who fired the plaintiff in Fite admitted that he "knew nothing about [plaintiff's] job performance.” Id. at 888. The court also noted that the specific claim of poor performance made by the employer, i.e., that the plaintiff had "mismanaged” a large account portfolio, was actually contradicted by defendant’s own evidence. Id. at 890-91. Finally, defendant's own evidence showed that the plaintiff had been given a heavier workload, more responsibility and, in fact, had "moved ... up the chain of command” shortly before the company "retired” him. Id. at 891. The cumulative impact of this evidence, the court held, would permit a reasonable juror to conclude that the defendant’s proffered explanations were pretextual. Id. As we view Fite, it is nothing more than an ordinary example of a successful showing of the first type discussed above, i.e., that the defendant's nondiscriminatory reasons lacked a basis in fact. As noted, Manzer did not even attempt to make such a showing.
Because we hold that Manzer did not present a submissible case against any defendant, we need not consider his argument that the district court improperly dismissed defendant Maxus Energy Corporation prior to trial.