Arevalo

Arevalo v. Department of Motor Vehicles

Good Law
72 F. App'x 548
United States Court of Appeals for the Ninth CircuitJuly 23, 2003No. 02-35440; D.C. No. CV-00-00263-AJBCalifornia420 words

Opinion

Lead Opinion

MEMORANDUM *

The Oregon Department of Motor Vehicles (DMV) appeals from the district court’s denial of its motion for judgment notwithstanding the verdict. We affirm.

A motion for judgment notwithstanding the verdict can be granted only when “there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.” Fed.R.Civ.P. 50(a); Reeves v. Sanderson Plumbing, 580 U.S. 138 , 149, 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000). In reviewing a verdict for sufficiency, we “disregard all evidence favorable to the moving party that the jury is not required to believe.” Id. at 151.

Applying this demanding standard, we conclude that a reasonable jury could have found that Arevalo proved that DMV discriminated against him on the basis of sex. Arevalo made out a prima facie case under the framework articulated in McDonnell Douglas v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), by demonstrating that he was a qualified — indeed, award-winning — employee. He also presented sufficient evidence that the reasons DMV asserted to justify at least some of the identified adverse actions were pretextual. See Reeves, 530 U.S. at 148 (a jury verdict…

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