context: Under that analysis, once a plaintiff has produced evidence of pretext, the employer's justification vanishes and the original McDonnell Douglas inference of discrimination rises again, automatically overcoming summary judgment. We reject that formalistic approach as not in keeping with either Supreme Court doctrine or common sense.
citation_a.signal: but see
citation_a.identifier: 922 F.2d 48, 48
citation_a.parenthetical: stating that in this circuit a plaintiff must adduce additional evidence of discrimination
citation_a.sentence: See Furnco Constr. Co. v. Waters, 438 U.S. 567, 577, 98 S.Ct. 2943, 2949, 57 L.Ed.2d 957 (1978) (the McDonnell Douglas model “was not intended to be rigid, mechanized or ritualistic.”). Depending on the facts and circumstances of each case, the original prima facie case plus the evidence of pretext may suffice to raise an inference of discrimination, or additional evidence may be required. There is no absolute rule that a discrimination plaintiff must adduce evidence in addition to that comprising the prima facie case and the rebuttal of defendant’s justification in order to prevail either at the summary judgment stage or at trial. See Connell, 924 F.2d at 1172 n. 3; but see Olivera, 922 F.2d at 48 (stating that in this circuit a plaintiff must adduce additional evidence of discrimination). “Rather, the evidence as a whole, whether direct or indirect, must be sufficient for a reasonable factfinder to infer that the employer’s decision was motivated by [discriminatory] animus.”
citation_b.signal: see
citation_b.parenthetical: the McDonnell Douglas model "was not intended to be rigid, mechanized or ritualistic."
citation_b.sentence: See Furnco Constr. Co. v. Waters, 438 U.S. 567, 577, 98 S.Ct. 2943, 2949, 57 L.Ed.2d 957 (1978) (the McDonnell Douglas model “was not intended to be rigid, mechanized or ritualistic.”). Depending on the facts and circumstances of each case, the original prima facie case plus the evidence of pretext may suffice to raise an inference of discrimination, or additional evidence may be required. There is no absolute rule that a discrimination plaintiff must adduce evidence in addition to that comprising the prima facie case and the rebuttal of defendant’s justification in order to prevail either at the summary judgment stage or at trial. See Connell, 924 F.2d at 1172 n. 3; but see Olivera, 922 F.2d at 48 (stating that in this circuit a plaintiff must adduce additional evidence of discrimination). “Rather, the evidence as a whole, whether direct or indirect, must be sufficient for a reasonable factfinder to infer that the employer’s decision was motivated by [discriminatory] animus.”