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Semmler's claim of sex discrimination hinges on her assertion that she has not received a promotion because of her sex. The evidence presented, however, contradicts

Semmler's claim of sex discrimination hinges on her assertion that she has not received a promotion because of her sex. The evidence presented, however, contradicts this assertion. It shows that females have been promoted at the same levels as males in the company, suggesting that sex is not a determining factor in promotion decisions. This evidence, therefore, challenges the materiality of Semmler's claim. It is the "plaintiff's burden to produce evidence at trial in support of her claim" unfortunately this burden has not been met under these guidelines. 2

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