· 6/27/2007
Berry v. T-Mobile USA, Inc.
Citations
- 490 F.3d 1211
- 19 Am. Disabilities Cas. (BNA) 877
- 2007 U.S. App. LEXIS 15258
- 100 Fair Empl. Prac. Cas. (BNA) 1623
- 2007 WL 1830755
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, if decisionmakers did not believe a policy existed, mistake in failing to follow it does not establish pretext
- stating that if the “deci-sionmakers did not believe a rigid policy existed,” their mistake in failing to follow it does not show pretext
- concluding “decisionmakers did not believe a rigid policy existed,” and so their mistake in failing to follow that policy didn’t show pretext
- noting that the “mere fact that an employer failed to follow its own internal procedures” is insufficient to show its actions were discriminatory
- noting plaintiff pointed to no written policy and no evidence of an unwritten specific approach to progressive discipline
- stating, at the summary judgment stage, that a plaintiff must identify at least one major life activity to satisfy the ADA’s disability definition
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucero, Seymour, O'Brien
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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