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· 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 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.