Case Citator › Jean G. Mattern v. Eastman Kodak Company and Eastman Chemical Company

Jean G. Mattern v. Eastman Kodak Company and Eastman Chemical Company

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Fifth Circuit
Citation
104 F.3d 702
Decided
Confirmed treatments
2
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
2006–2008

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. Jean G. Mattern v. Eastman Kodak Company's rule requiring an ultimate employment decision for Title VII retaliation is abrogated. The Supreme Court rejected that restriction in Burlington Northern & Santa Fe Railway Co. v. White.
More on how this was screened

The Sixth Circuit also rejected Mattern's treatment of coworker retaliation. All 33 flagged citations have been read, and the two confirmed treatments are listed below. Mattern's separate rule about review of a motions panel ruling continues to be cited.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

33 later cases cite Jean G. Mattern v. Eastman Kodak Company and Eastman Chemical Company; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Jean G. Mattern v. Eastman Kodak Company and Eastman Chemical Company?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected Mattern's rule that Title VII retaliation requires an ultimate employment decision.

    Burlington Northern & Santa Fe Railway Co. v. White · Supreme Court of the United States · filed

    The Fifth and the Eighth Circuits have adopted a more restrictive approach. They employ an “ultimate employment decision” standard, which limits actionable retaliatory conduct to acts “ ‘such as hiring, granting leave, discharging, promoting, and compensating.’” Mattern v. Eastman Kodak Co., 104 F. 3d 702, 707 (CA5 1997); see Manning v. Metropolitan Life Ins. Co., 127 F. 3d 686, 692 (CA8 1997). ... We therefore reject the standards applied in the Courts of Appeals that have treated the antiretaliation provision as forbidding the same conduct prohibited by the antidiscrimination provision and that have limited actionable retaliation to so-called “ultimate employment decisions.” See supra, at 60.
    Read the full opinion on CourtListener →

Declined to follow

  • The Sixth Circuit rejected Mattern's exclusion of coworker retaliation claims and held that an employer can be liable for such retaliation in appropriate circumstances.

    Hawkins v. Anheuser-Busch, Inc. · Sixth Circuit · filed

    In contrast, the Fifth and the Eighth Circuits have rejected coworker retaliation claims by narrowly defining what constitutes an “adverse employment action” under Title VII. ... Mattern v. Eastman Kodak Co., 104 F.3d 702, 707 (5th Cir. 1997) (holding that an “adverse action” must be an “ultimate employment decision,” such as hiring, compensating, promoting, granting leave, or firing, and that “[h]ostility from fellow employees, having tools stolen, and resulting anxiety, without more, do not constitute ultimate employment decisions, and therefore are not the required adverse employment actions”). ... We therefore join the majority of our sister circuits that have addressed this issue in recognizing that, in appropriate circumstances, Title VII permits claims against an employer for coworker retaliation.
    Read the full opinion on CourtListener →

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