· 10/28/2010
Vega-Colon v. Wyeth Pharmaceuticals
Citations
- 625 F.3d 22
- 2010 WL 4260903
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that frequent name calling by supervisors did not “establish even a baseline claim of an ‘abusive working environment.’”
- affirming that “very limited number of comments, along with more frequent name calling” even if subjectively offensive were not “objectively offensive conduct as the behavior was not severe, physically threatening, or humiliating”
- granting summary judgment on a USERRA hostile work environment claim where the conduct was limited to ñamé- calling, -and generally “negative commentary on [the plaintiffs] absences for military service”
- analyzing a claim of adverse employment action in violation of the USERRA under a Title VII frame- work
- reversing summary judgment despite the employer’s plausible, non-pretex-tual reasons for its adverse action because the employer failed to rebut evidence suggesting that the adverse action was linked to the plaintiffs military status
- “[T]hough the proximity in time between . . . [plaintiff’s military] leave and . . . [the adverse employment action] is a factor for consideration, it alone is not sufficient.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lipez, Howard, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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