· 10/29/2004
Brenda Dandy v. United Parcel Service, Inc.
Citations
- 388 F.3d 263
- 2004 U.S. App. LEXIS 22525
- 85 Empl. Prac. Dec. (CCH) 41,794
- 94 Fair Empl. Prac. Cas. (BNA) 1156
- 2004 WL 2414560
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff failed to show she was similarly situated to her comparators without evidence that they shared the similar “attributes, experience, education, and qualifications relevant to the position”
- holding that a four-year statute of limitations applies to plaintiff’s claims under section 1981 for “(1) hostile work environment; (2) failure to promote; (3) disparate treatment in terms of compensation; and (4) retaliation”
- noting that courts should consider, among other things, whether comments were made directly to an employee when determining whether comments created a hostile work environment
- noting that although racial epithets are not a prerequisite to finding a race-based hostile work environment, they factor into the analysis of objective offensiveness
- noting that courts should consider, among other things, whether comments were made directly to an employee when determining whether comments created a hostile work environment
- stating that a two-year limitations period applies to § 1981 claims which involve the making or enforcement of contracts as opposed to claims premised on conduct which took place after the formation of an employment contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Wood, Williams
Read full opinion on CourtListenerSourced 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.