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· 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 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.