Robert D. Shaner, Jr. v. Synthes (Usa)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that application of a “neutral policy” was not retaliation
• concluding that performance evaluations were not causally linked to protected activity where they “contained similar criticisms both before and after he made the company aware that he [was disabled] and before and after he [engaged in a protected activity]”
• noting that the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), applies to ADA disparate treatment and retaliation claims
• finding that critical performance reviews could not have been retaliatory because they occurred “prior to” the protected activity
• explaining that inference of causality is lessened when a plaintiff is treated similarly before and after the protected conduct at issue
• explaining that an adverse employment action was not “unusually suggestive” when it started before plaintiff’s first charge of discrimination

Source: CourtListener parenthetical corpus (CC0).