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· 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 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.