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· 2/7/1996

Gerald Marx v. Schnuck Markets, Inc.

Citations

  • 76 F.3d 324
  • 3 Wage & Hour Cas.2d (BNA) 134
  • 1996 U.S. App. LEXIS 1836
  • 67 Empl. Prac. Dec. (CCH) 43,903
  • 73 Fair Empl. Prac. Cas. (BNA) 21
  • 1996 WL 50110

How courts have described this case

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

  • holding genuine issue of material fact existed con-ceming FLSA retaliation claim where, following protected activity, employer engaged in a series of escalating, retaliatory acts that created conditions for employee’s termination
  • stating that a lack of temporal proximity can be overcome “where the pattern of retaliatory conduct begins soon after the [protected activity] and only culminates later in actual discharge”
  • finding allegations of a write up and demotion before eventual termination to constitute a pattern of retaliatory conduct that precluded summary judgment in favor of an employer
  • finding pretext based on pattern of pernicious conduct that “culminate[d] later in actual discharge”
  • plaintiff may assert multiple civil rights claims and prove a prima facie case as to each
  • applying “motivating factor” test to the plaintiff’s FLSA retaliation claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, McKay, Lucero

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.