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· 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

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.