· 7/20/2005
Melody J. Culver v. Gorman & Company
Citations
- 416 F.3d 540
- 2005 U.S. App. LEXIS 14648
- 86 Empl. Prac. Dec. (CCH) 42,039
- 96 Fair Empl. Prac. Cas. (BNA) 301
- 2005 WL 1683965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that plaintiff established prima facie case of retaliation under the direct method and proceeding to analyze whether, in light of employer's proffered non-retalialory explanation, plaintiff had created triable issue of pretext
- noting that “the issue before us is not whether an employer’s evaluation of the employee was correct but whether it was honestly believed”
- noting that the timing of the plaintiff’s termination, coupled with her recent positive performance evaluation, contributed to an inference of causa- tion
- noting that timing “will rarely be sufficient in and of itself to create a triable issue”
- noting that “the issue before us is not whether an employer’s evaluation of the em- ployee was correct but whether it was honestly believed”
- determining that an employer’s explanation can be “foolish or trivial or even baseless,” so long as it “honestly believed” its proffered reasons for the adverse employment action
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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