Twigg v. Hawker Beechcraft Corp.

How courts have described this case

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

• explaining that an employee on FMLA leave retains no greater rights than those employees still working and is not wholly shielded from termination
• noting that direct evidence is usually impossible to find and limited to admissions by the decision maker, i.e. “I fired him because he was too old.”
• explaining that “[m]any courts, including the Tenth Circuit, have sometimes conflated direct evidence with the direct method of proof,” and observing that “courts sometimes conflate circumstantial evidence with the indirect method of proof.”
• finding showing required to establish retaliation is identical under Title VII and Section 1981
• rejecting pretext argument that made “no apparent connection between [the plaintiff’s] evidence and the alleged falsity of [the employer’s] reason for terminating [the plaintiff]”
• finding, in analyzing a 42 U.S.C. § 1981 retaliation claim under the McDonnell Douglas framework, that intervening events undermined the plaintiff's temporal proximity argument

Source: CourtListener parenthetical corpus (CC0).