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· 6/24/2008

Roberts v. Park Nicollet Health Services

Citations

  • 528 F.3d 1123
  • 91 Empl. Prac. Dec. (CCH) 43,237
  • 2008 U.S. App. LEXIS 13291
  • 103 Fair Empl. Prac. Cas. (BNA) 1039

How courts have described this case

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

  • stating that a plaintiff does not “create a genuine issue of material fact simply by submitting an affidavit that contradict[s] testimony at a prior deposition”
  • holding supervisor’s question, “What are you going to do about the pregnancy; are you going to keep it?” while sighing, was direct evidence of discrimination
  • noting that discriminatory comments by a decisionmaker constituted direct evidence, but adding “[a]lthough Roberts elected not to argue the case on a direct evidence theory, [the decisionmaker’s] alleged statements also provide an independent basis” for pretext
  • assuming, without discussing, that an employee suffered an adverse employment action under similar circumstances
  • concluding a reasonable jury could find the employer’s explanation that the plaintiffs termination was pretexual and that pregnancy was a motivating factor where the plaintiffs employer (1) asked plaintiff what she “was going to do about the pregnancy; are you going to keep it?”; (2
  • “[A] factfinder may deem the conflicting evidence probative on the question whether the employer’s asserted reasons for the termination were true.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Colloton, Benton

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.