Using the Same Actor "Inference" in Employment Discrimination Cases

This article critically examines the “same actor inference” in employment discrimination litigation, which suggests that if the same individual is responsible for both hiring and firing an employee, an inference arises that discrimination did not motivate the termination. The author analyzes judicial application of the inference, its underlying assumptions, and its impact on summary judgment outcomes. Through a review of case law and psychological literature, the article challenges the logical and empirical basis of the inference, arguing that courts may misuse it to prematurely dismiss valid discrimination claims. The article advocates for a more nuanced, evidence-based approach that respects the role of the jury in resolving factual disputes related to discriminatory intent.