Legal Opinion
Velez v. Janssen Ortho, LLC
Court of Appeals for the First Circuit
Decided November 3, 2006No. 05-2721PublishedCited by 47 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
In this unusual employment discrimination case, we must decide what prima facie showing is necessary to establish an adverse employment action, within the meaning of Title VII, when a plaintiff alleges a retaliatory failure-to-hire. Claims of retaliation in the failure-to-hire context are sufficiently rare that this question is one of first impression for this court. When a plaintiff makes such a claim, we conclude that the establishment of an “adverse employment action” requires a showing that (1) she applied for a particular position (2) which was vacant and (3) for…
2Cases cited21 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
- Lisa Petrosino v. Bell AtlanticCourt of Appeals for the Second Circuit · 2004
- Marva BROWN, Plaintiff-Appellant, v. COACH STORES, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
- Michael Sarno v. Douglas Elliman-Gibbons & Ives, Inc., Insignia Financial Group, Inc.Court of Appeals for the Second Circuit · 1999
16 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
- Sánchez-Rodríguez v. AT & T Mobility Puerto Rico, Inc.Court of Appeals for the First Circuit · 2012
- Pina v. Children's PlaceCourt of Appeals for the First Circuit · 2014
- Rivera-Rivera v. Medina & Medina, Inc.Court of Appeals for the First Circuit · 2018
- Travis Thomas v. Michael TregreCourt of Appeals for the Fifth Circuit · 2019
42 more not listed; retrieve them via the Exa API.