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· 10/9/2002

Wendell Lyons Donald Tate Robert L. Claiborne Rosevelt Willson v. Gordon R. England, Secretary of the Navy

Citations

  • 307 F.3d 1092
  • 2002 Cal. Daily Op. Serv. 10272
  • 2002 Daily Journal DAR 11861
  • 2002 U.S. App. LEXIS 21066
  • 89 Fair Empl. Prac. Cas. (BNA) 1793
  • 2002 WL 31254934

How courts have described this case

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

  • concluding that “background evidence” of time-barred prior discriminatory acts is admissible if relevant and not unfairly prejudicial
  • holding that the 9 admissibility of time-barred discriminatory acts is governed by the Federal Rules of 10 Evidence
  • holding that the plaintiffs introduced circumstantial evidence that they were “qualified” where their employer did not post job openings but they each formerly held the position in question
  • holding that time-barred denials of promotion were “relevant as background and may be considered by the trier of fact in assessing the defendant’s liability for plaintiffs’ [later] denials of promotion”
  • concluding that a plaintiff cannot save a claim based on a 19 discriminatory act by alleging that the act “flows from a company-wide, or systematic, 20 discriminatory practice”
  • holding that where an employee had not alleged that mediocre evaluations were accompanied by any meaningful change in work assignments, those mediocre evaluations did not rise to the level of an adverse employment action

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Nelson, Berzon

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.