· 4/23/2004
Peter Potenza, Clifford Aversano v. City of New York
Citations
- 365 F.3d 165
- 9 Wage & Hour Cas.2d (BNA) 1020
- 2004 U.S. App. LEXIS 8067
- 85 Empl. Prac. Dec. (CCH) 41,655
- 2004 WL 868707
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that an adverse employment action must \occur under circumstances giving rise to an inference of retaliatory intent\
- stating that a two-month delay between Plaintiff's return from FMLA leave and removal from his post \does not completely vitiate his claim\
- recognizing two approaches for evaluating FMLA claims and applying the McDonnell Douglas standard to retaliation claims
- observing that plaintiff's FMLA claim, which alleged he had been terminated for taking FMLA leave, \involve[d] retaliation rather than interference\
- recognizing two approaches for evaluating FMLA claims and applying the McDonnell Douglas standard to retaliation claims
- noting that “it would be appropriate to apply the McDonnell Douglas analysis to claims of retaliation,” and then doing so
Source: CourtListener parenthetical corpus (CC0).
Judges: Katzmann, Parker, Per Curiam, Preska
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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