462 U.S. 393 (1983) Cited 656 times 11 Legal Analyses
Holding 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."
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired
Finding that the employer “made a conscious decision to tell the Union nothing about the hiring of permanent replacements, and took active measures to keep the replacement campaign a secret while hiring as many permanent replacements as it could before the Union caught on,” and noting that the employer described the plan as a “well-executed surprise event” that had “[the Union] in a real bind,” and informed a temp agency that “its plans regarding permanent replacements were to be kept ‘hush-hush’ ”