· 8/4/2010
Henry v. Wyeth Pharmaceuticals, Inc.
Citations
- 616 F.3d 134
- 2010 U.S. App. LEXIS 16109
- 93 Empl. Prac. Dec. (CCH) 43,957
- 109 Fair Empl. Prac. Cas. (BNA) 1618
- 2010 WL 3023807
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court acted within its discretion when it excluded evidence under Rule 403 where “testimony relating to the [allegedly discriminatory] remarks would have been, at best, only marginally relevant”
- observing that “inaccuracy or incompleteness resulting from the [employer’s] failure to include the fact of the discriminatory motivation” in its stated reason is “pretext”
- explaining that, whether discriminatory remarks suggest discrimination depends on, inter alia, “when the remark was made in relation to the employment decision at issue” (collecting cases)
- noting that, in determining whether a statement is probative of discrimination, a district court may consider “the context in which the remark was made (i.e., whether it was related to the decision[]making process)”
- explaining that even where a supervisor involved in an adverse action used a discriminatory phrase around the time of the alleged failure to promote, the remark was of low probative value because it “was not related to the decision-making process”
- suggesting that, when considering whether remarks are probative of discrimination, courts consider “(1) who made the remark (i.e., a decision-maker, a supervisor, or a low-level co-worker); (2) when the remark was made in relation to the employment decision at issue; (3
Source: CourtListener parenthetical corpus (CC0).
Judges: Leval, Pooler, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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