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Dennis L. Fodale, Appellant, v. Donna E. Shalala, Secretary, Department of Health and Human Services, Agency,

05960344 (E.E.O.C. Oct. 16, 1998)
Dennis L. Fodale, Appellant, v. Donna E. Shalala, Secretary, Department of Health and Human Services, Agency,

12 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,141 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

  2. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,377 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,179 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"

  4. O'Connor v. Consolidated Coin Caterers Corp.

    517 U.S. 308 (1996)   Cited 2,085 times   7 Legal Analyses
    Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”

  5. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,177 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

  6. Loeb v. Textron, Inc.

    600 F.2d 1003 (1st Cir. 1979)   Cited 720 times
    Denying any such requirement

  7. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 248 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"

  8. E.E.O.C. v. Alton Packaging Corp.

    901 F.2d 920 (11th Cir. 1990)   Cited 163 times
    Holding manager's statement that "if it were his company he would not hire blacks" was direct evidence of discrimination in plaintiff's failure to promote claim; statement indicated "a decidedly negative attitude toward black people" on the part of a decisionmaker and there was "no reason to think [his] attitude differ[ed] from hiring to promotion"

  9. Page v. U.S. Industries, Inc.

    726 F.2d 1038 (5th Cir. 1984)   Cited 76 times
    Holding disparate impact analysis applicable to examine the class-wide impact of a "subjective promotional system"

  10. Bauer v. Bailar

    647 F.2d 1037 (10th Cir. 1981)   Cited 81 times
    Holding employer's subjective hiring criteria to be nonpretextual where the subjective factors considered were articulated and generally relevant to the job