Opinion

Calero-Cerezo v. U.S. Dep of Justice

  • 355 F.3d 6
Court
Court of Appeals for the First Circuit
Filed
May 14, 2004
Status
Published
Cited by
692 cases
Authority
More cited than 98.8%

holding that span of one month between filing EEO complaint and being suspended was sufficient to establish prima facie claim, but noting that “[t]hree and four month periods have been held insufficient to establish a causal connection based on temporal proximity”

How later courts described this case

  • holding that span of one month between filing EEO complaint and being suspended was sufficient to establish prima facie claim, but noting that “[t]hree and four month periods have been held insufficient to establish a causal connection based on temporal proximity”
  • finding that the plaintiff established a causal connection between the filing of her EEOC complaint and receipt of a proposed suspension because the temporal proximity was “roughly a month”
  • concluding that one month was sufficient to satisfy burden of showing causal connection, but noting that three and four-month periods have been held insufficient to establish causation
  • noting that "[s]ummary judgment is appropriate when 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to a material fact and that the moving party is entitled to a judgment as a matter of law'" (quoting Fed. R. Civ. P. 56(c))

Written by the judges who cited it.

The opinion

United States Court of Appeals

For the First Circuit

No. 02-2643

SYLVIA I. CALERO-CEREZO

Plaintiff, Appellant,

v.

UNITED STATES DEPARTMENT OF JUSTICE, ET AL.,

Defendants, Appellees.

ERRATA SHEET

The opinion of this Court issued on January 14, 2004 is

corrected as follows:

On page 29, line 2, change "with or without an accommodation"

to "at least with an appropriate accommodation."

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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