McBride v. Citgo Petroleum Corp.

3 Citing briefs

  1. Watson v. Mcdonald

    MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction

    Filed February 7, 2017

    Plaintiff must establish that he exhausted each discrete incident of alleged discriminatory treatment. McBride, 281 F.3d at 1105 (“[B]ecause failure to exhaust administrative remedies is a bar to subject matter jurisdiction, the burden is on the plaintiff as the party seeking federal jurisdiction to show, by competent evidence, that she did exhaust.”).

  2. Boyd v. Humana Insurance Company

    MOTION for Summary Judgment and Brief In Support

    Filed January 16, 2018

    Id. (citing McBride v. CITGO Petroleum Corp., 281 F.3d 1099, 1108 (10th Cir.2002)). In this case, the undisputed facts are that Plaintiff was terminated after she failed to meet the requirements of her CCIP.

  3. Vance v. Tolmar, Inc. et al

    MOTION for Summary Judgment

    Filed April 11, 2017

    Plaintiff has the burden of proving that she exhausted administrative remedies. McBride v. CITGO Petroleum Corp., 281 F.3d 1099, 1106 (10th Cir. 2002). To prove a claim of sexual harassment, Plaintiff must prove (1) she was subjected to unwelcome conduct; (2) because of her sex; (3) the conduct was sufficiently severe or pervasive so as to alter the conditions of her employment and create an abusive working environment; and (4) the employer either actively engaged in the harassment or is in some position on which liability can be imputed.