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Man, that free legal advice isn't worth much. Now if you were to do some
research . . . .
The plaintiff must meet its burden by showing that an employment practice is
responsible for a statistically significant adverse impact on a �protected
class.� Minn. Stat. � 363.03, subd. 11. An employer may attempt to rebut the
prima facie case by presenting �contrary interpretations of the plaintiff's
statistical data or introduce its own data that casts doubt on the original
inference of illegal discrimination.� Schlemmer, 397 N.W.2d at 908 (holding
claim not substantiated by evidence, where evidence showed only rate at which
older employees were hired, not percentage of fired employees who were older).
Brian Kohn v. City of Minneapolis Fire Department (online at
http://www.lawlibrary.state.mn.us/archive/ctappub/9808/c5972075.htm)
Needless to say (particularly to someone who pushes ones and zeros around for a
living), 1 is not a statistically significant number with a workforce the size
of Walmart's.
Michael Lewis
Mac-Groveland
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