· 1/15/1998
Phyllis ROSE-MASTON, Appellant, v. NME HOSPITALS, INC., Doing Business as Lutheran Medical Center, Appellee
Citations
- 133 F.3d 1104
- 1998 U.S. App. LEXIS 451
- 72 Empl. Prac. Dec. (CCH) 45,099
- 75 Fair Empl. Prac. Cas. (BNA) 1534
- 1998 WL 11051
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff could \prove pretext either directly by showing that her employer was more likely motivated by a discriminatory reason or indirectly by showing that her employer's explanation is unworthy of credence\
- noting that prior positive evaluations from the same employer may show that plaintiff performed competently in the past but do not render recent negative evaluations untrustworthy
- finding that “[c]onclusory affidavits, standing alone, cannot create a genuine issue of material fact precluding summary judgment.”
- finding that “[c]onclusory affidavits, standing alone, cannot create a genuine issue of material fact precluding summary judgment.”
- explaining that while employee’s performance evaluations may demonstrate that employee performed well in the past, they did “not render her more recent negative evaluations inherently untrustworthy”
- finding that employee failed to establish a prima facie case where employee offered no evidence qualifications or qualifications necessary for position sought, and instead made conclusory assertions that she was qualified for the position
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowman, Wollman, Loken
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.