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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.