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FES (A Division of Thermo Power)

331 N.L.R.B. 9 (N.L.R.B. 2000)
FES (A Division of Thermo Power)

66 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,210 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 12,389 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  3. Mt. Healthy City Board of Ed. v. Doyle

    429 U.S. 274 (1977)   Cited 9,174 times   7 Legal Analyses
    Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"

  4. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,648 times   162 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

  5. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,398 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."

  6. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,180 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

  7. Allentown Mack Sales & Service, Inc. v. Nat'l Labor Relations Bd.

    522 U.S. 359 (1998)   Cited 426 times   13 Legal Analyses
    Holding that the Board "is not free to prescribe what inferences from the evidence it will accept and reject, but must draw all those inferences that the evidence fairly demands"

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

    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."

  9. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  10. Mitchell v. Data General Corp.

    12 F.3d 1310 (4th Cir. 1993)   Cited 1,139 times
    Holding as modified by Stokes v. Westinghouse Savannah River Co., 206 F.3d 420 (4th Cir. 2000)

  11. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,061 times   23 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB