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· 7/23/1990

Robert P. PETITTI, Plaintiff, Appellant, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Defendant, Appellee

Citations

  • 909 F.2d 28
  • 1990 U.S. App. LEXIS 12280
  • 54 Empl. Prac. Dec. (CCH) 40,108
  • 54 Fair Empl. Prac. Cas. (BNA) 142
  • 1990 WL 101576

How courts have described this case

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

  • where an employment action “disadvantages” persons engaging in protected activity, this element is made out
  • the third element of the prima facie case is made out where there is a showing that “retaliatory motive play[ed] a part in the adverse employment actions.”
  • summary judgment is proper if evidence is so one-sided that one party must prevail as a matter of law
  • “Intent to discriminate is a question of fact and [the court] must leave this determination to the jury.”
  • “On appeal our role is not to second-guess the business decisions of an employer, nor to impose our subjective judgments of which person would best fulfill the responsibilities of a certain job.”
  • “On appeal our role is not to second-guess the business decisions of an employer, nor to impose our subjective judgments of which person would best fulfill the responsibilities of a certain job.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bownes, Torruella, Selya

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.