· 7/19/2005
Monika Cheshewalla, Aaron Paul Michaels, Robert J. Petkoff v. Rand & Son Construction Company
Citations
- 415 F.3d 847
- 2005 U.S. App. LEXIS 14522
- 86 Empl. Prac. Dec. (CCH) 42,125
- 96 Fair Empl. Prac. Cas. (BNA) 171
- 2005 WL 1668341
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding -8- that plaintiff’s absences from work constituted an intervening event that eroded any causal connection “suggested by the temporal proximity of [plaintiff’s] protected conduct and her layoff”
- affirming dismissal of a coworker sexual harassment claim, in part, because the plaintiff failed to notify her manager of sexual harassment until after the coworker had been reassigned to another jobsite
- “intervening events erode[] any causal connection suggested by [] temporal proximity”
- 4-week interval between plaintiff’s complaint of harassment and her layoff was insufficient to establish showing of causal connection, given that she missed many days of work in the interval and the company was undergoing a period of layoffs
- “Without any evidence of retaliation, it simply does not follow that [defendant] would take all appropriate actions (e.g., transferring [employee who assaulted plaintiff]), wait a month, and then decide to lay off [plaintiff] in retaliation for her complaint.”
- harasser \may have consulted\ with management on tangible employment action
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hansen, Riley
Read full opinion on CourtListenerSourced 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.