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Arlette W.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

0120140512 (E.E.O.C. Sep. 26, 2016)
Arlette W.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

9 Cited authorities

  1. Univ. of Tex. Sw. Med. Ctr. v. Nassar

    570 U.S. 338 (2013)   Cited 5,409 times   78 Legal Analyses
    Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,093 times   96 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  3. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,372 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  4. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 4,581 times   83 Legal Analyses
    Holding "a motivating factor" causation standard did not apply to claims brought under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623, because, "[u]nlike Title VII, the ADEA's text does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor"

  5. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 20,165 times   9 Legal Analyses
    Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

  6. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,417 times   5 Legal Analyses
    Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

  7. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,176 times   4 Legal Analyses
    Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context

  8. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 248 times   3 Legal Analyses
    Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

  9. Hochstadt v. Worcester Foundation, Etc.

    425 F. Supp. 318 (D. Mass. 1976)   Cited 87 times
    Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement