Guadagno v. Wallack Ader Levithan Associates

OPINION AND ORDER

RAKOFF, District Judge.

District Courts wade into capricious currents at their peril; but the pending motions in this case impel the Court to address aspects of two unsettled but recurrent issues in federal employment discrimination law. They are, first, whether proof of “pretext”— i.e,, proof from which a fact-finder could infer the unbelievability of an employer’s stated reasons for its challenged actions — is sufficient to defeat the employer’s motion for summary judgment; and, second, to what extent, if any, a party to such a motion may advance a legal or factual position…