Eventually, Valderaz received an interview for a position with the operating room, but he had already accepted other employment. The record does not provide when this interview took place nor does it state the date when Valderaz received employment at another hospital.
Valderaz now timely appeals the latter decision. Condrey v. SunTrust Bank of Ga. Administrators of Tulane Educ. Fund, F. To defeat summary judgment, the non-movant need only point to the existence of a genuine issue of material fact. Mason v. United Air Lines, Inc. Caldera, F. Lubrizol Corp. Nassar, ——— U. Prima Facie Case A. Sundowner Offshore Servs. An employee need not prove that the discriminatory practice he reported was actually unlawful; he need only show a reasonable belief that such conduct constituted an unlawful employment practice under Title VII.
Turner v. Baylor Richardson Med. UMC attempts to confuse the arguments by focusing on whether Valderaz had a claim for sex harassment. But that is not required under this prong. The district court properly concluded that Valderaz made an internal report of perceived discrimination, which is protected by Title VII. See Payne v.
Whether Valderaz Suffered a Materially Adverse Action Valderaz points to numerous events he claims constitute materially adverse actions: 1 Leal subjecting him to negative treatment by telling his coworkers he had complained about them; 2 the lack of assistance in caring for patients and false performance reports made by female coworkers; 3 being required to attend trainings as a result of those reports; and 4 his inability to be transferred to another department, which resulted in his termination.
An adverse employment action is one that a reasonable employee would have found. In determining whether an adverse employment action occurred, we focus on the final decisionmaker. Hernandez v. Yellow Transp. Stewart v. He argues that this subjected him to additional negative treatment, which made it more difficult to work at UMC.
Valderaz has not given the Court any reason to conclude that Leal set that meeting with any intentions other than to address the conflict. Lack of assistance and false reports Next, Valderaz advances that his female coworkers refused to give him proper assistance and lodged false reports against him because he reported their harassing conduct. There is no evidence in this record that they were supervisors. See Long v. Eastfield Coll. Valderaz has provided sufficient evidence showing that his coworkers had reason to retaliate once they learned that he complained of their illicit behavior, but he has not put forth evidence that they had any undue influence over Leal.
Moreover, on this record, training in and of itself would not dissuade a reasonable employee from making a discrimination claim. Indeed, Valdarez admitted that he did not resent the fact that he was required to go through training. See Entergy Gulf States, Inc.
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NLRB, F. See, e. Aramark Corp. Final Termination Valderaz next argues that UMC advised him to transfer as a ploy to ultimately terminate his employment. See DeHart v. Baker Hughes Oilfield Operations, Inc. Whether There Was a Causal Link Valderaz must next show that his termination on June 24, had a causal nexus to the report he made about his female coworkers on March 2, The record here supports only the third prong, which Valderaz employs.
While suspicious timing alone is rarely sufficient to establish the requisite causal connection, see id. Harvey, F. For example, a time lapse of up to four months has been found to be sufficient. See Evans v.
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City of Houston, F. City of Houst. But see Flanner v. Chase Inv. Petroleos de Venezuella SA, F. Therefore, Valderaz has established his prima facie case for retaliation. Legitimate, nonretaliatory reason for termination The burden now shifts to UMC to articulate its legitimate, nonretaliatory reason for the adverse action. See Aldrup, F. This is sufficient to satisfy its burden of production. Etienne v. Valderaz argues that UMC misled him into giving up his full-time position so that it could eventually terminate him. He also asserts that misrepresentations were made to him during the April 11 meeting so that he would agree to a transfer.
His last haircut was at the Oakland army base and instead of having it hang loose, he kept it in a ponytail.
One of Carver's attributes, which the organization rewarded with a little bonus money, was his ability to pick up languages. With a book and tapes he could be fluent in a few weeks. If he had a teacher, it wasn't long before he was near native. He'd hired a tutor, turned girlfriend, who spent what time she did teach, working on his pronunciation. It was one thing to memorize vocabulary, grammar, idioms and have perfect comprehension.
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It was another to shake off an Oklahoma country accent. Her other priority was trying to drum a complicated, and exacting cultural etiquette into his head. Parisians were downright peevish over the slightest faux pas.
Eh, fuck 'em if they can't take a joke. The third time the waiter cruised by the table, Ruben ordered another coffee. Protocol required he stay on site until he spotted the target or received a call. The OP would ring the cafe with the message his friend wouldn't be coming. The CIA really wanted to know where this guy was going.
With the success of the April '74 military coup in Portugal, the new regime in Lisbon began a policy of colonial divestment. Angola, one of those colonies, located in southwest Africa, had three warring factions that had settled into a stalemate. Intelligence indicated the Soviet Union saw it as an opportunity. Desperate for years to acquire warm water ports, Angola was strategically perfect for the Russians. They'd have unencumbered access to the south Atlantic, along with the ability to finance its fleet from the most productive diamond mines on the planet. The US, already with its back against the wall in Southeast Asia, was suddenly having to address the potential domino effect on the subcontinent.
It believed if Angola dropped to the Soviets, then it was only a matter of time before its neighbors in the Congo and southern Africa, friendly to the US, would begin to feel the communist influence. However, the meet locations and times were unknown. The Agency used rotating surveillance teams to mark the spots.
While the job didn't require much more than sitting and watching, Ruben's team had been on Neto for more than a month without a positive result. He had three or four habitual routes, but none the of people Neto met, the restaurants he favored or the hotels and businesses he visited, netted a single commie connection. The whole thing would have felt like a bust, if the warlord's aimless pursuits weren't, in and of themselves, suspicious.
The second coffee came faster than the first, which either meant the wait staff had begun to accept his presence, or they wanted him to drink up and get out. As much as he liked to believe it was the former, his experience told him otherwise. Ruben hadn't graced the establishment enough times to warrant that type of forbearance.
- The Record from Hackensack, New Jersey on April 24, · 45!
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Since he wasn't going anywhere, they'd have to be satisfied with his feigned ignominy. It made them feel better if he acted uncomfortable. He uncrossed his legs to pull out a pouch of Gauloises tobacco. After loading and rolling the paper into a thin cylinder, he brought it to his mouth to lick the edge but stopped—nonplussed. In front of him was a man he'd encountered in Saigon, while waiting to catch the freedom bird home.
The lean, six-foot ginger, with a fresh brush cut and close shave over a pink, pockmarked complexion, evinced a memory Ruben had done his best to bury. It was the tan suit, however, that jogged the man's name front and center: Frank Delacroix. A civilian investigator for the US Navy, who worked criminal cases. He was wearing the same lightweight gabardine suit the day he questioned Ruben about a murdered nurse.
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