United States Eighth Circuit

In an action alleging that a university failed to promote plaintiff in violation of the Age Discrimination in Employment Act (ADEA), judgment for plaintiff is affirmed where: 1) the district court did not abuse its discretion by concluding that certain witnesses' testimony was sufficient authentication to admit an exhibit; 2) plaintiff presented sufficient evidence for the jury to conclude that defendant's proffered reason for the failure to promote was a pretext for age discrimination; and 3) the district court properly instructed the jury on plaintiff's burden under her ADEA claim, including her burden to prove that defendant's proffered legitimate, nondiscriminatory reason for the failure to promote was pretext for age discrimination.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• MURPHY, Circuit Judge., Before RILEY, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel