A hiring manager who yawned during a promotion interview did not display discriminatory animus based on age against the employee, the First Circuit holds. The employee had alleged that he had been denied several promotions, and cited the manager’s yawning during his interview as an indication that his answers didn’t matter since the company had decided not to promote him because of his age.

“While we agree that such an act could make an interview awkward, we fail to see how an involuntary yawn evinces a hidden discriminatory animus any more than a sneeze or a cough,” the Court says. “It is well settled that the court is required to draw only reasonable inferences in plaintiff's favor. [citation omitted] Imputing an ulterior motive to a yawn is not such a reasonable inference.” Arroyo-Audifred v. Verizon Wireless Inc.