462 U.S. 393 (1983) Cited 652 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."
Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well
In National Labor Relations Bd. v. Howell Chevrolet Co., 204 F.2d 79, 86 (9th Cir. 1953), we recognized that "carriage, behavior, bearing, manner and appearance of a witness, — his demeanor, —" may cause the trier of fact to reject uncontradicted testimony.