Lobato v. New Mexico Environment Department

How courts have described this case

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

• holding that employer’s failure to discipline probationary employee progressively didn’t show pretext where employer’s policy permitted immediate termination of probationary employees
• recognizing that pretext can be shown by evidence that the employer departed from an “unwritten policy” or “general practice”
• concluding that because the plaintiff “has no Title VII claim,” he also “has no NMHRA claim”
• concluding that when “‘progressive discipline [is] entirely discretionary,’. . . the failure to implement progressive discipline is not evidence of pretext” (quoting Timmerman v. U.S. Bank, N.A., 483 F.3d 1106, 1120 (10th Cir. 2007))
• explaining that a “necessary 2 See also Okon v. Harris Cnty. Hosp. Dist., 426 F. App’x 312, 318–19 (5th Cir. 2011) (explaining that for there to be cat’s paw liability, a biased recommendation must be accepted “without evaluation”
• explaining that dismissal without prior discipline does not establish pretext

Source: CourtListener parenthetical corpus (CC0).