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· 7/23/2008

Garcia v. Bristol-Myers Squibb Co.

Citations

  • 535 F.3d 23
  • 2008 U.S. App. LEXIS 15549
  • 91 Empl. Prac. Dec. (CCH) 43,342
  • 103 Fair Empl. Prac. Cas. (BNA) 1685
  • 2008 WL 2814814

How courts have described this case

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

  • recognizing that “[a] plaintiff can demonstrate that an employer’s stated reasons are pretextual ... by producing evidence that [the] plaintiff was treated differently from similarly situated employees”
  • explaining that \a plaintiff must show 'that others similarly situated to [her] in all relevant respects were treated differently by the employer'\ (alteration in original
  • noting plaintiff “was the only person with the title of Senior Project Engineer and she had different job responsibilities from the others in her department”
  • “To successfully allege disparate treatment, a plaintiff must show ‘that others similarly situated to [her] in all relevant respects were treated differently by the employer.’”
  • a plaintiff can demonstrate that an employer’s stated reason is pretextual “in any number of ways”
  • “[I]n disparate treatment cases, comparative evidence is to be treated as part of the pretext analysis, and not as part of the plaintiff's prima facie case . . . .

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Torruella, Lipez

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.