Therefore, where ordinary charges of constructive discharge typically entail a decision on the part of the employee to resign in light of an intolerable working environment or some such allegation, Scott decided upon the option best suited to his needs with the understanding that he did not have the option of continued employment. For that reason, we find that the doctrine of constructive discharge applies in this case. Not only does this evidence increase the likelihood that the decisions to eliminate certain positions were based on age but it also makes more likely the possibility that age played a part in redeployment decisions. But these statements appear to have been made in and around the time of the corporate reorganization. Additionally, we further conclude that the district court had sufficient evidence of pretext to create a jury question on that issue.
Statistical evidence is notoriously susceptible to manipulation.
However, standing alone, they are not enough to survive summary judgment. As the district court pointed out, Goodyear came forward with substantial rebuttal evidence that plaintiff was not as well-qualified as other candidates for the positions awarded during redeployment.