· 3/7/2008
Torrech-Hernández v. General Electric Co.
Citations
- 519 F.3d 41
- 2008 U.S. App. LEXIS 5029
- 90 Empl. Prac. Dec. (CCH) 43,133
- 102 Fair Empl. Prac. Cas. (BNA) 1551
- 2008 WL 615905
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that there was no constructive discharge even though employer made age-related comments that plaintiff lacked the \same 'energy' he once had\ and used the term \dinosaur\
- affirming district court’s disregard of LR. 56.1 response as constituting beliefs “not factually based” and amounting to “conclusory, self-serving statements”
- finding insufficient evidence of discriminatory intent where an employee used the term “dinosaur” in describing an office’s operations but did not refer to any specific employee and his or her age
- pointing out that adverse employment actions comprise actual and constructive discharge
- in an ADEA case, plaintiff shoulders the ultimate burden of proving that “his years were the determinative factor in his discharge”
- comments by supervisor referring to employee as a “dinosaur” not sufficient to support a finding of pretext
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Baldock, Smith
Read full opinion on CourtListenerSourced 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.