Lawana Porter v. California Department of Corrections

How courts have described this case

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

• holding that deviations from established procedures may establish pretext and collecting similar cases from other circuits
• noting that although “lack of temporal proximity may make it more difficult to show causation,” “causality is [not] dependent, as a matter of law, on temporal proximity” (citation omitted)
• explaining that 20 “[i]f the flames of an allegedly hostile environment are to rise to the level of an actionable claim, 21 they must do so based on the fuel of timely non-discrete acts”
• finding there was a delay between the protected activity and the adverse action because fellow employee could not retaliate until after he was promoted to a supervisory position
• finding there was still a triable issue on causation despite a 3 two-year gap between the protected activity and alleged retaliation because there was no sooner 4 opportunity to retaliate
• cautioning courts against “blur[ring]” the line between 20 “discrete acts and a hostile environment”

Source: CourtListener parenthetical corpus (CC0).