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Argued: May 21, 2001

White female former employee sued employer for race and gender discrimination in its severance pay policy. District court (Mark D. Fox, M.J.), granted summary judgment to employer and dismissed plaintiff’s claims, holding, inter alia, that employee could not show that she was similarly situated to a black male former employee to whom defendant provided an arguably larger severance package. Plaintiff appealed. The Court of Appeals, Leval, J., holds (1) the plaintiff was sufficiently similarly situated to black male employee to establish the minimal prima facie case under the McDonnell Douglas burden shifting framework, (2) plaintiff did not proffer evidence sufficient to raise a jury question of discrimination on the basis of her gender, but (3) plaintiff did proffer evidence sufficient to raise a jury question of discrimination on the basis of her race.

Affirmed in part, vacated in part, and remanded.

 
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