· 3/11/2008
Surrell v. California Water Service Co.
Citations
- 518 F.3d 1097
- 2008 U.S. App. LEXIS 5146
- 91 Empl. Prac. Dec. (CCH) 43,217
- 102 Fair Empl. Prac. Cas. (BNA) 1345
- 2008 WL 638369
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that if “a plaintiff is entitled 18 to receive a right-to-sue letter from the EEOC, a plaintiff may proceed absent such a letter, provided she has received a right-to-sue letter from the appropriate state agency”
- holding that a plaintiff may proceed with a Title VII claim where a plaintiff is entitled to right to sue letter from the EEOC, “provided she has 26 received a right to sue letter from the appropriate state agency”
- stating that Title VII requires the plaintiff to exhaust 26 administrative remedies before seeking a private action for damages
- indicating that a claim for 9 retaliation, whether under Title VII or § 1981, has the above elements
- noting that Courts apply the 18 familiar McDonnell Douglas burden shifting framework for § 1981 claims
- explaining that performance-related and non-pretextual actions do not support claims for retaliation or hostile work environment
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Reinhardt, Oberdorfer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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