Footnote 80

For example, if a claim of race discrimination was regarded as independent of a claim for retaliation, the probability of one or the other surviving would be 1 minus the probability of both failing, or 1-(1-0.363) (1- 0.348) = 0.585. (Claims of retaliation are less likely to be intertwined with the merits of discrimination claims than are the latter with each other). See supra text accompanying note 66.