McKenzie v. General Motors Corp.

court has discretion to deny leave to amend where the proposed amendment would not withstand a motion to dismiss | leave to amend need not be granted where the amendment would not withstand a motion to dismiss | leave to amend need not be granted where the amendment would not withstand a motion to dismiss | trial court may deny leave to amend where amendment would not withstand a motion to dismiss | "An adverse effect on a single employee, or even a few employees, is not sufficient to establish disparate impact.” | “the trial court may properly deny leave to amend where the amendment would not withstand a motion to dismiss” | The plaintiffs’ burden with respect to a disparate impact claim is heavier than it is when disparate treatment is alleged | disparate impact analysis requires showing that facially neutral employment practice had a significantly discriminatory impact | “the nature of the required showing depends on the circumstances of the case” | nature of plaintiffs showing depends on circumstances of the case | to make out prima facie case, plaintiff “need only show that he is a member of the protected class and that he was laid off from a job for which he was qualified while others not in the protected class were treated more favorably” | to make out prima facie case, plaintiff "need only show that he is a member of the protected class and that he was laid off from a job for which he was qualified while others not in the protected class were treated more favorably"