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July 24, 2008

CA1: gender discrimination case lacks smoking gun

Garcia v. Bristol Myers Squibb, No. 07-2723 (7/23/08) affirms a grant of summary judgment (first rejected by a magistrate judge) to the defendant in a gender discrimination case.  The First says that the facts don’t support a disparate treatment claim, and contains no “smoking guns” (though some inconstant statements).  While this would seem to be a run-of-the-mill gender discrimination failure, I wonder why the magistrate thought otherwise. 

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