Barbara M. Myklebust, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.

8 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,675 times 99 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
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,604 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,713 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,631 times 5 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Burrus v. United Telephone Co. of Kan., Inc.
683 F.2d 339 (10th Cir. 1982) Cited 405 times
Holding that three years between the protected activity and the adverse employment action was too long to establish the third element
Mitchell v. Baldrige
759 F.2d 80 (D.C. Cir. 1985) Cited 361 times
Holding that it is defendant's burden to produce "evidence of selectees' superior qualifications," which plaintiff need not anticipate and rebut in establishing his prima facie case
Hochstadt v. Worcester Foundation for Experimental Biology
545 F.2d 222 (1st Cir. 1976) Cited 249 times 3 Legal Analyses
Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"
Hochstadt v. Worcester Foundation, Etc.
425 F. Supp. 318 (D. Mass. 1976) Cited 87 times
Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

Barbara M. Myklebust, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.

8 Cited authorities

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

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

Holding that three years between the protected activity and the adverse employment action was too long to establish the third element

Holding that it is defendant's burden to produce "evidence of selectees' superior qualifications," which plaintiff need not anticipate and rebut in establishing his prima facie case

Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement