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· 4/21/2009

Antonetti v. Abbott Laboratories

Citations

  • 563 F.3d 587
  • 2009 U.S. App. LEXIS 8254
  • 92 Empl. Prac. Dec. (CCH) 43,533
  • 106 Fair Empl. Prac. Cas. (BNA) 17
  • 2009 WL 1053155

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff who lied about his misconduct was not similarly situated to an employee who did not lie about the same misconduct, because honesty is a mitigating circumstance that differentiates the conduct and the employer’s treatment
  • finding that the employer would have terminated the employee even without any retaliatory motive, where the employee did not dispute the incidents of time card fraud leading to her termination
  • plaintiffs who lied about taking unauthorized breaks not similarly situated to fellow employee who did not lie about his conduct
  • “Title VII protects employees ‘from retaliation for complaining about the types of discrimination it prohibits.’”
  • employees are not considered similarly situated where, even if they engaged in similar misconduct, differentiating or mitigating circumstances would distinguish their conduct or the employer’s treatment of them
  • “A plaintiff may prove illegal discrimination either directly or indirectly.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.