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Category Archives: Imputing Improper Motive

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An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.

Posted in Failure to hire, Imputing Improper Motive
“With regard to the letter, [Plaintiff]’s allegation is that he asked Chief Justice Jefferson to keep the letter confidential, not that Chief Justice Jefferson actually did so. In fact, [Defendant alleged that Chief Justice Jefferson did not answer the letter himself, establishing that the letter had not remained confidential. With regard to the disciplinary complaint,… Continue Reading

When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.

Posted in Failure to hire, Imputing Improper Motive
“[Plaintiff was not required to allege how [Defendant] knew of the letter and complaint, only that [Defendant] knew. Having done so, he has sufficiently pleaded that his letter and his disciplinary complaint precipitated [Defendant]’s allegedly untoward conduct.” Anderson, 2016 WL 6647759, at *5 (footnotes omitted).… Continue Reading

Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

Posted in Cat's paw, Imputing Improper Motive, Pretext
  As discussed above, Hauss allegedly misrepresented the erratic test results—which Dr. McKinnon and Audiologist Sanders attribute to Brown’s hearing disability—to the decisionmaker Goodson, thereby creating a factual issue as to whether Hauss exhibited disability-based animus. In turn, Goodson conducted a subsequent investigation into Brown’s conduct, including, among other things, consultation with Hauss. Goodson testified… Continue Reading