![]() ![]() Domenech's admission - that age was one of three criteria used, at least in some cases, to determine which employees would be retained and which would not - is of this genre. For present purposes, it suffices to say that evidence is "direct" (and thus justifies a mixed-motive jury instruction) when it consists of statements by a decisionmaker that directly reflect the alleged animus and bear squarely on the contested employment decision. We need not draw overly fine distinctions today. ![]() See Fernandes, 199 F.3d at 582 (collecting cases). ![]()
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