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Avery Heights

3 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 657 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."

  2. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  3. New England Health Care Union v. N.L.R.B

    448 F.3d 189 (2d Cir. 2006)   Cited 10 times   1 Legal Analyses
    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’ ”