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United States First Circuit


Velazquez-Fernandez v. NCE Foods, Inc., 06-1205

Summary judgment for defendant-employer on age discrimination and overtime claims is affirmed where: 1) one defendant could not show that the reasons offered for his elimination were mere pretext and was an exempt executive for overtime pay purposes; and 2) the other defendant did not make out a prima facie case for discrimination since he did not suffer an adverse employment action.

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK  and STAHL, Senior Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Carlos G. Colón-Machargo with whom Alicia I. Lavergne-Ramírez, María Victoria Múnera Pascual, María Alejandra Mercado Betancourt, Lavergne-Ramírez & Colón-Machargo, P.S.C. and Múnera & Mercado were on brief for appellants.

  • For Appellees:
  • Lourdes C. Hernández Venegas with whom Carl Schuster, Ricardo Guzmán-López de Victoria, and Schuster & Aguiló LLP were on brief for appellees.
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