· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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