Tenth Circuit· 9/25/2015

Thomas v. Berry Plastics Corporation

Citations

803 F.3d 510
2015 U.S. App. LEXIS 17013
99 Empl. Prac. Dec. (CCH) 45,405
128 Fair Empl. Prac. Cas. (BNA) 73
2015 WL 5638027

How courts have described this case

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

observing that the employer’s post- termination independent review process is separate from the adverse action, i.e., the termination
explaining that the “post-termination review process,” which “was designed to . . . unwind termination decisions that violated company practices and policies,” broke the causal chain between the biased recommendation and the termination (emphasis added)
relying on termination review panel’s review of employee’s entire disciplinary record for eight supervisors and interview of employee when rejecting cat’s paw theory
employer’s review process “broke the causal chain” between co-worker’s retaliatory animus and employer’s adverse action, where there was no evidence that review “was a sham” or that anyone on the review panel “acted with animus”
same for Title VII and § 1981 retaliation claims
assessing § 1981 claim under the McDonnell-Douglas framework

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Ebel, Gorsuch

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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