Iyer v. Everson

2 Citing cases

  1. De La Torre v. Lockheed Martin Corp.

    Civil No. 13-127 (RBK/AMD) (D.N.J. Jun. 30, 2014)   Cited 3 times

    As an initial matter, the parties have identified a matter of disagreement in connection with the third element of a prima facie case of discriminatory failure to promote, which requires that another, not in the protected class, was treated more favorably by the employer. Certain courts within this circuit have described a fourth element in failure to promote claims, which requires a plaintiff to show that "the employer continued to seek out individuals with qualifications similar to . . . [the plaintiff's] . . . to fill the position," Iyer v. Everson, 382 F. Supp. 2d. 749, 756 (E.D. Pa. 2005), or that "the person who filled the desired position had equivalent or lesser qualifications," Gilmore v. Macys Retail Holdings, Inc., 385 F. App'x 233, 237 (3d Cir. 2010). Thus, Lockheed argues that Plaintiff must show that her qualifications were at least equal to each successful candidate.

  2. Bell v. Lockheed Martin Corp.

    Civil No. 08-6292 (RBK/AMD) (D.N.J. Jun. 27, 2014)   Cited 6 times
    Noting that "New Jersey courts 'have frequently looked to case law under Title VII . . . for guidance in developing standards to govern the resolution of [NJLAD] claims'" and citing but-for test in the context of a retaliation claim under the NJLAD (quoting Carmona v. Resorts Int'l Hotel, Inc., 915 A.2d 518, 528 (N.J. 2007)) (citing Nassar, 133 S. Ct. at 2534)

    Certain courts within this circuit have described a fourth element in failure to promote claims, which requires a plaintiff to show that "the employer continued to seek out individuals with qualifications similar to [the plaintiff's] to fill the position," or that "the person who filled the desired position had equivalent or lesser qualifications." See Iyer v. Everson, 382 F. Supp. 2d. 749, 756 (E.D. Pa. 2005); Gilmore v. Macys Retail Holdings, Inc., 385 F. App'x 233, 237 (3d Cir. 2010). Thus, Lockheed argues that Plaintiff must show that her qualifications were at least equal to each successful candidate.