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Melvin C,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

0120152289 (E.E.O.C. Nov. 14, 2017)
Melvin C,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

11 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,686 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,210 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 12,389 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,203 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"

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

    460 U.S. 711 (1983)   Cited 2,419 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

  6. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,180 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

  7. Oliver v. Digital Equipment Corp.

    846 F.2d 103 (1st Cir. 1988)   Cited 413 times
    Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

  8. Tiano v. Dillard Dep't Stores, Inc.

    139 F.3d 679 (9th Cir. 1998)   Cited 137 times   2 Legal Analyses
    Holding that the employee's religious belief-that she "had a calling from God" to take a pilgrimage to Medjugorje, Yugoslavia in October-was not in conflict with Dillard's "no-leave policy" for October through December because "the timing of the trip was a personal preference and not part of her calling"

  9. Heller v. EBB Auto Co.

    8 F.3d 1433 (9th Cir. 1993)   Cited 140 times   4 Legal Analyses
    Holding that the plaintiff established the second element of his prima facie case for failure to accommodate his “religious practice of attending the ceremony in which his wife and children were converted to Judaism,” where the plaintiff's supervisor “knew” that he was Jewish, “knew” that his “wife was studying for conversion,” and “when [the plaintiff] requested the time off, he informed the [supervisor] why he needed to miss work”

  10. Redmond v. Gaf Corp.

    574 F.2d 897 (7th Cir. 1978)   Cited 101 times
    Holding employee's statement informing employer that "I [am] not able to work on Saturday because of my religious obligation" was sufficient