· 10/23/2009
Long v. TEACHERS'RETIREMENT SYSTEM OF ILLINOIS
Citations
- 585 F.3d 344
- 15 Wage & Hour Cas.2d (BNA) 705
- 2009 U.S. App. LEXIS 23427
- 92 Empl. Prac. Dec. (CCH) 43,738
- 2009 WL 3400955
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a plaintiff must generally provide evidence that the decisionmaker acted for a prohibited reason to establish a prima facie case of retaliation”
- noting that a party may forfeit an argument by addressing it only in a footnote
- stating that “a decline in performance before the employee engages in protected activity does not allow for an inference of retaliation”
- finding waiver when argument was a one-sentence assertion in a footnote with no citation to the record
- affirming summary judgment for the employer where the individual who terminated the plaintiff did not know that she took FMLA leave and the individual who arguably held retaliatory animus towards the plaintiff recommended that the employer fire the plaintiff
- “Circumstantial evidence may include suspicious timing, ambiguous oral or written statements, or behavior toward or comments directed at other employees in the protected group.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Sykes, Kendall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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