· 6/18/1999
Hardy v. S.F. Phosphates Ltd.
Citations
- 185 F.3d 1076
- 1999 Colo. J. C.A.R. 4000
- 10 Am. Disabilities Cas. (BNA) 31
- 1999 U.S. App. LEXIS 13596
- 76 Empl. Prac. Dec. (CCH) 46,016
- 80 Fair Empl. Prac. Cas. (BNA) 1404
- 1999 WL 401722
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that employer “may have selected [an employee] as a ‘sacrificial lamb,’” but finding that action legal if not based on employee’s age
- declining to find pretext when record showed that company decided to “t[ake] a more serious stance” against misconduct after the comparator’s violation, which had occurred before the plaintiff’s own violation
- employer may have selected the plaintiff.as a “sacrificial lamb” to show that it would not tolerate sexual harassment, but that action was legal if it was not based on the plaintiffs age or disability
- suitable comparators cannot be members of plaintiff’s protected class
- employer’s perception of employee’s performance is the critical question
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Porfilio, Kelly
Read full opinion on CourtListenerSourced 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.