Lee E. WANGER, Plaintiff-Appellant, v. G.A. GRAY COMPANY, Defendant-Appellee

How courts have described this case

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

• “With limited exceptions, one cannot establish that he was subject to an adverse hiring decision unless he makes his desire for the position known to the employer.”
• “The mere fact that Gray thought about Wanger and generally concluded that he was probably not qualified does not amount to creating an atmosphere of futility.”
• “[W]e hold that the district court properly concluded that Wanger failed to state an ADEA claim because he failed to establish that he applied for the available position.”
• plaintiff must show “that the position went to a younger individual outside the protected class or that other reasonable evidence exists for inferring that he was denied a position because of his age ”
• “Because an employer may create an atmosphere in which employees understand that their applying for certain positions is fruitless, even nonapplicants can in appropriate circumstances qualify for relief . . .”

Source: CourtListener parenthetical corpus (CC0).