· 9/9/1991
Charles A. ALPHIN, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee
Citations
- 940 F.2d 1497
- 1991 U.S. App. LEXIS 20888
- 57 Empl. Prac. Dec. (CCH) 41,013
- 56 Fair Empl. Prac. Cas. (BNA) 1379
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that other evidence of pretext, combined with the discriminatory comment, created a triable issue of discrimination
- finding remark by supervisor to plaintiff that he had “been around too long and [was] too old and [was] making too much money” immediately after a “corrective interview” to be circumstantial evidence of age discrimination
- discussing business judgment rule and reversing grant of summary judgment to employer where employee proffered evidence tending to show that he was competent in his work and that similarly situated employees had received more favorable treatment
- discussing business judgment rule and reversing grant of summary judgment to employer where employee proffered evidence tending to show that he was competent in his work and that similarly situated employees had received more favorable treatment
- statement by store manager that plaintiff “had been around too long and was too old and making too much money” was not direct evidence
- “[W]e do 'not sit as a super-personnel department that reexamines an entity's business decisions.'”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Birch, Hill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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