· 10/4/1999
Shackelford v. Deloitte & Touche, LLP
Citations
- 190 F.3d 398
- 1999 U.S. App. LEXIS 24384
- 81 Fair Empl. Prac. Cas. (BNA) 39
- 76 Empl. Prac. Dec. (CCH) 46,050
- 1999 WL 728105
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to be competent evidence comparisons to co-workers must be to co-workers that are similarly situated
- holding that the plaintiff’s “poor performance and “the charge that she got along poorly with her fellow employees” was “a legitimate, [non- retaliatory] justification of the timing of her termination”
- holding that similarly situated means employees with the same position, qualifications, and pay rate
- noting that the \ultimate employment decision\ standard applied in retaliation cases may not apply to claims of race discrimination
- holding that evidence of tight temporal proximity, unfounded performance concerns, warnings from other employees not to engage in the protected activity, and disparate treatment was enough to create an issue of fact regarding pretext
- holding that evidence of tight temporal proximity, unfounded performance concerns, warnings from other employees not to engage in the protected activity, and disparate treatment was enough to create an issue of fact regarding pretext
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Higginbotham, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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