462 U.S. 393 (1983) Cited 647 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."
In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."
Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal
In Allegheny Ludlum, however, we upheld an unfair labor practice violation where the employer warned it would "no longer find ways" to avoid laying off employees if they joined a union.