context: Although plaintiff is not required to include all measurable variables in her statistical analysis, Dr. Madden's analysis is only minimally probative of commonality without these important variables.
citation_a.signal: see
citation_a.identifier: 839 F.2d 334, 334
citation_a.parenthetical: upholding district court's finding that the plaintiffs statistics were flawed because they were based on the false assumption that all plaintiffs were equally qualified and equally interested in the promotions at issue
citation_a.sentence: See Sears, 839 F.2d at 334 (upholding district court’s finding that the plaintiffs statistics were flawed because they were based on the false assumption that all plaintiffs were equally qualified and equally interested in the promotions at issue); see also Radue, 219 F.3d at 616-17 (“Statistical evidence which fails to properly take into account nondiscriminatory explanations does not permit an inference of discrimination”). For this reason, together with the ones we have already discussed, Dr. Madden’s reports do not show commonality in plaintiffs putative class.
citation_b.signal: see also
citation_b.identifier: 219 F.3d 616, 616-17
citation_b.parenthetical: "Statistical evidence which fails to properly take into account nondiscriminatory explanations does not permit an inference of discrimination"
citation_b.sentence: See Sears, 839 F.2d at 334 (upholding district court’s finding that the plaintiffs statistics were flawed because they were based on the false assumption that all plaintiffs were equally qualified and equally interested in the promotions at issue); see also Radue, 219 F.3d at 616-17 (“Statistical evidence which fails to properly take into account nondiscriminatory explanations does not permit an inference of discrimination”). For this reason, together with the ones we have already discussed, Dr. Madden’s reports do not show commonality in plaintiffs putative class.