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· 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 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.