2nd Circ. OKs Circumstantial Evidence In Bias Suits

Law360, New York (August 13, 2012, 5:25 PM EDT) -- Employers can rely on circumstantial evidence to show a nondiscriminatory reason for not hiring someone when clear and specific evidence is legitimately unavailable, the Second Circuit said Friday, affirming a win for a Long Island school district in an age discrimination and retaliation suit.

A federal jury had found in favor of Shelter Island Union Free School District in unsuccessful job applicant Stephanie Bucalo's age discrimination and retaliation complaint. She then argued to the Second Circuit that because the district employee behind the decision not to...
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