Lead Opinion
delivered the opinion of the Court.
This case concerns the kind and amount of evidence necessary to sustain a jury’s verdict that an employer unlawfully discriminated on the basis of age. Specifically, we must resolve whether a defendant is entitled to judgment as a matter of law when the plaintiff’s case consists exclusively of a prima facie case of discrimination and sufficient evidence for the trier of fact to disbelieve the defendant’s legitimate, nondiseriminatory explanation for its action. We must also decide whether the employer was entitled to judgment as a matter of law under the particular circumstances presented here.
I
In October 1995, petitioner Roger Reeves was 57 years old and had spent 40 years in the employ of respondent, Sanderson Plumbing Products, Inc., a manufacturer of toilet seats and covers.
In the summer of 1995, Caldwell informed Powе Chesnut, the director of manufacturing and the husband of company president Sandra Sanderson, that “production was down” in
In June 1996, petitioner filed suit in the United States District Court for the Northern District of Mississippi, con-tending that he had been fired because of his age in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq. At trial, respondent contended that it had fired petitioner due to his failure to maintain accurate attendance records, while petitioner attempted to demonstrate thаt respondent’s explanation was pretext for age discrimination.
During the trial, the District Court twice denied oral motions by respondent for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure, and the case went to the jury. 3 Record 183; 4 id., at 354. The court instructed the jury that “[i]f the plaintiff fails to prove age was a determinative or motivating factor in the decision to
The Court of Appeals for the Fifth Circuit reversed, holding that petitioner had not introduced sufficient evidence to sustain the jury’s finding of unlawful discrimination.
We granted certiorari,
II
Under the ADEA, it is “unlawful for an employer... to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U. S. C. § 623(a)(1). When a plaintiff alleges disparate treatment, “liability depends on whether the protected trait (under the ADEA, age) actually motivated the employer’s decision.” Hazen Paper Co. v. Biggins,
McDonnell Douglas and subsequent decisions have “established an allocation of the burden of production and an order for the presentation of proof in . . . discriminatory-treatment eases.” St. Mary’s Honor Center v. Hicks,
Although intermediate evidentiary burdens shift back and forth under this framework, “[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.” Burdine,
In this case, the evidence supporting respondent’s explanation for petitioner’s discharge consisted primarily of testimony by Chesnut and Sanderson and documentation of petitioner’s alleged “shoddy record keeping.”
Petitioner, however, made a substantial showing that respondent’s explanation was false. First, petitioner offered evidence thаt he had properly maintained the attendance records. Most of the timekeeping errors cited by respondent involved employees who were not marked late but who were recorded as having arrived at the plant at 7 a.m. for the 7 a.m. shift. 3 id., at 118-123; 4 id., at 240-247,283-285, 291, 293-294. Respondent contended that employees arriving at 7 a.m. could not have been at their workstations by 7 a.m., and therefore must have been'late. 3 id., at 119-120; 4 id., at 241, 245. But both petitioner and Oswalt testified that the company's automated timeeloek often failed to scan employees’ timecards, so that the timesheets would not record any time of arrival. 3 id., at 6, 85; 4 id., at 334-335. On these occasions, pеtitioner and Oswalt would visually cheek the workstations and record whether the employees were present at the start of the shift. 3 id., at 6, 85-87;
Petitioner similarly cast doubt on whether he was responsible for any failure to discipline late and absent employees. Petitioner testified that his job only included reviewing the daily and weekly attendance reports, and that disciplinary writeups were based on the monthly reports, which were reviewed by Caldwell. 3 Record 20-22; 4 id., at 335. Sand-erson admitted that Caldwell, and not petitioner, was responsible for citing employees for violations of the company’s attendance policy. 3 id., at 20-21,137-138. Further, Chesnut conceded that thеre had never been a union grievance or employee complaint arising from petitioner’s recordkeeping, and that the company had never calculated the amount of overpayments allegedly attributable to petitioner’s errors. 4 id., at 267, 301. Petitioner also testified that, on the day he was fired, Chesnut said that his discharge was due to his failure to report as absent one employee, Gina Mae Coley, on two days in September 1995. 3 id., at 23, 70; 4 id., at 335-336. But petitioner explained that he had spent those days in the hospital, and that Caldwell was therefore responsible for any overpayment of Coley. 3 id., at 17, 22. Finally, petitioner stated thаt on previous occasions that employees were paid for hours they had not worked, the company had simply adjusted those employees’ next paychecks to correct the errors. 3 id., at 72-73.
In so reasoning, the Court of Appeals misconceived the evidentiary burden borne by plaintiffs who attempt to prove intentional discrimination through indirect evidence. This much is evident from our decision in St. Mary’s Honor Center. There we held that the factfinder’s rejection of the employer’s legitimate, nondiseriminatory reason for its action does not compel judgment for the plaintiff.
In reaching this conclusion, however, we reasoned that it is permissible for the trier of fact to infer the ultimate fact of discrimination from the falsity of the employer’s explanation. Specifically, we stated:
“The factfinder’s disbelief of the reasons put forward by the defendant (particularly if disbelief is accоmpanied by a suspicion of mendacity) may, together with the elements of the prima facie case, suffice to show intentional discrimination. Thus, rejection of the defendant’s proffered reasons will permit the trier of fact to infer the ultimate fact of intentional discrimination.” Id., at 511.
Proof that the defendant’s explanation is unworthy of credence is simply one form of circumstantial evidence that is probative of intentional discrimination, and it may be quite persuasive. See id., at 517 (“[P]roving the employer’s reason false becomes part of (and often considerably assists) the greater enterprise of proving that the real reason was intentional discrimination”). In appropriate circumstances, the trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose. Such an inference is consistent with the general principle of evidence law that the factfinder is entitled to consider a party’s dishonesty about a material fact as “affirmative evidence of guilt.” Wright v. West,
This is not to say that such a showing by the plaintiff will always be adequate to sustain a jury’s finding of liability. Certainly there will be instances where, although the plaintiff has established a prima facie case and set forth sufficient evidence to reject the defendant’s explanation, no rational factfinder could conclude that the action was discriminatory. For instance, an employer would be entitled to judgment as a matter of law if the record conclusively revealed some other, nondiscriminatory reason for the employer’s decision, or if the plaintiff created only a weak issue of fact as to whether the employer’s reason was untrue and there was abundant and uncontroverted independent evidence that no discrimination had occurred. See Aka v. Washington Hospital Center,
Whether judgment as a matter of law is appropriate in any particular case will depend on a number of factors. Those include the strength of the plaintiff’s prima facie
hH hH h-1
A
The remaining question is whether, despite the Court of Appeals’ misconception of petitioner’s evidentiary burden, respondent was nonetheless entitled to judgment as a matter of law. Under Rule 50, a court should render judgment as a matter of law when “a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.” Fed. Rule Civ. Proc. 50(a); see also Weisgram v. Marley Co.,
On closer examination, this conflict seems more semantic than real. Those decisions holding that review under Rule 50 should be limited to evidence favorable to the nonmovant appear to have their genesis in Wilkerson v. McCarthy,
In doing so, however, the court must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence. Lytle v. Household Mfg., Inc.,
B
Applying this standard here, it is apparent that respondent was not entitled to judgment as a matter of law. In this case, in addition to establishing a prima facie case of discrimination and creating a jury issue as to the falsity of the employer’s explanation, petitioner introduced additional evidence that Chesnut was motivated by age-based animus and was principally responsible for petitioner’s firing. Petitioner testified that Chesnut had told him that he “was so old [he] must have come over on the Mayflower” and, on one occasion when petitioner was having difficulty starting a machine, that he “was too damn old to do [his] job.” 3 Record 26. According to petitioner, Chesnut would regularly “cuss at me and shake his finger in my face.” 3 id., at 26-27. Oswalt, roughly 24 years younger than petitioner, corroborated that there was an “obvious difference” in how Chesnut treated them. 3 id., at 82. He stated that, although he and Chesnut “had [their] differences,” “it was nothing compared to the way [Chesnut] treated Roger.” Ibid. Oswalt explained that Chesnut “tolerated quite a bit” from him even though he “defied” Chesnut “quite often,” but that Chesnut treated petitioner “[i]n a manner, as you would... treat... a child whеn... you’re angry with [him].” 3 id., at 82-83. Petitioner also demonstrated that, according to company records, he and Oswalt had nearly identical rates of productivity in 1993. 3 id., at 163-167; 4 id., at 225-226. Yet respondent conducted an efficiency study of only the
Further, petitioner introduced evidence that Chesnut was the actual decisionmaker behind his firing. Chesnut was married to Sanderson, who made the formal decision to discharge petitioner. 3 id., at 90, 152. Although Sand-erson testified that she fired petitioner because he had “intentionally falsified] company pay records,” 3 id., at 100, respondent only introduced evidence concerning the inaccuracy of the records, not their falsification. A1994 letter authored by Chesnut indicated that he berated other company directors, who were supposedly his coequals, about how to do their jobs. PI. Exh. 7, 3 Record 108-112. Moreover, Oswalt testified that all of respondent’s employees feared Chesnut, and that Chesnut had exercised “absolute power” within the company for “[a]s long as [he] can remember.” 3 id., at 80.
In holding that the record contained insufficient evidence to sustain the jury’s verdict, the Court of Appeals misapplied the standard of review dictated by Rule 50. Again, the court disregarded critical evidence favorable to petitioner — - namely, the evidence supporting petitioner’s prima facie case and undermining respondent’s nondiscriminatory explanation. See
The ultimate question in every employment discrimination ease involving a claim of disparate treatment is whether the plaintiff was the victim of intentional discrimination. Given the evidence in the record supporting petitioner, we see no reason to subject the parties to an additional round of litigation before the Court of Appeals rather than to resolve the matter here. The District Court plainly informed the jury that petitioner was required to show “by a preponderance of the evidence that his age was a determining and motivating factor in the decision of [respondent] to terminate him.” Tr. 7 (Jury Charge) (Sept. 12, 1997). The court instructed the jury that, to show that respondent’s explanation was a pretext for discrimination, petitioner had to demonstrate “1, that the stated reasons were not the real reasons for [petitioner’s] dischargе; and 2, that age discrimination was the real reason for [petitioner’s] discharge.” Ibid, (emphasis added). Given that petitioner established a prima facie ease of discrimination, introduced enough evidence for the jury to reject respondent’s explanation, and produced additional evidence of age-based animus, there was sufficient evidence for the jury to find that respondent had
For these reasons, the judgment of the Court of Appeals is reversed.
It is so ordered.
Concurrence Opinion
concurring.
The Court today holds that an emрloyment discrimination plaintiff may survive judgment as a matter of law by submitting two categories of evidence: first, evidence establishing a “prima facie case,” as that term is used in McDonnell Douglas Corp. v. Green,
I write separately to note that it may be incumbent on the Court, in an appropriаte case, to define more precisely the circumstances in which plaintiffs will be required to submit evidence beyond these two categories in order to survive a motion for judgment as a matter of law. I anticipate that such circumstances will be uncommon. As the Court notes, it is a principle of evidence law that the jury is entitled to treat a party’s dishonesty about a material fact as evidence of culpability. Ante, at 147. Under this eommonsense principle, evidence suggesting that a defendant accused of illegal discrimination has chosen to give a false explanation for its actions gives rise to a rational inference that the defendant could be masking its actual, illegal motivation. Ibid. Whether the defendant was in fact motivated by discrimination is of course for the finder of fact to decide; that is the lesson of St. Mary’s Honor Center v. Hicks,
