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· 2/24/2005

Robert Eliserio, Appellant/cross-Appellee v. United Steelworkers of America Local 310 Steve Vonk, Appellees/cross-Appellants

Citations

  • 398 F.3d 1071
  • 2005 U.S. App. LEXIS 3201
  • 86 Empl. Prac. Dec. (CCH) 41,865
  • 95 Fair Empl. Prac. Cas. (BNA) 421
  • 2005 WL 425397

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 reasonable jury could infer pretext when a company that had ignored five earlier complaints about the plaintiff demoted him based on a sixth similar complaint that followed the plaintiff’s complaints about discrimination
  • holding a union does not have a duty under Title VII to investigate and take steps to remedy employer discrimination
  • same factors were pertinent to analysis of the hostility of the environment created by a labor union
  • “A plaintiff can establish a causal connection between his complaints and an adverse action through circumstantial evidence, such as the timing of the two events.”
  • applying the burden-shifting analysis to a retaliation claim
  • applying the burden-shifting analysis to a retaliation claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Bye, Beam, Gruender

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.