A Verizon employee alleged that he was denied a promotion because of age discrimination. As evidence, he noted that during an interview the hiring manager yawned demonstrating that the decision had already been made to give the position to a younger person.

The company contended that the employee had been repeatedly denied promotions because others were better suited and he didn’t express himself with confidence.

The larger issue just might be: how did this get to court and who could take the “yawn evidence” seriously? Additionally, could it just be the hiring manager was just plain bored?
[Arroyo-Audifred. Verizon Wireless Inc., 1st Circuit Court of Appeals]