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