Marshall Engineered
5 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 651 times 11 Legal AnalysesHolding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal AnalysesFinding violation of § 8 "whatever the employer's motive"
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 timesUpholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
Abilities and Goodwill, Inc. v. N.L.R.B
612 F.2d 6 (1st Cir. 1979) Cited 22 times 1 Legal AnalysesListing factors to be considered when determining whether concerted action is protected