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1 . Troland s e - mail to Cavagnero, Troland s statement to University EEO officer, and Cavagnero s and other professors deposition testimony provide
Trolands email to Cavagnero, Trolands statement to University EEO officer, and
Cavagneros and other professors deposition testimony provide direct evidence of
discriminatory intent among the members of the search committee, thereby
precluding the application of the McDonnellDouglass shifting burden of proof.
Because Gaskell has failed to show by a preponderance of the evidence that UKs
reasons were a pretext for discrimination, Gaskells claims must be dismissed and
the University of Kentuckys motion for summary judgment must be granted.
Because UK has come forward with more than a scintilla of evidence to support its
argument that religion was not a motivating factor in its decision, Gaskells motion
for partial summary judgment will be denied.
Gaskell pursued a disparate treatment employment discrimination claim, rather than
a disparate impact or mixed motives claim of employment discrimination.
If Gaskells allegations are true and are established by a preponderance of evidence
at trial, Gaskell is entitled to compensatory and punitive damages.
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