John A. Wyscarver, Complainant, v. John Ashcroft, Attorney General, Department of Justice, (Immigration and Naturalization Service) Agency.

7 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,293 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
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,422 times 5 Legal Analyses
Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,683 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 1,626 times 4 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"
Wrenn v. Gould
808 F.2d 493 (6th Cir. 1987) Cited 449 times
Holding that an employer can consider factors external to a job description when selecting among qualified candidates
Turner v. Texas Instruments, Inc.
555 F.2d 1251 (5th Cir. 1977) Cited 153 times
In Turner v. Texas Instruments, Inc., 555 F.2d 1251 (5th Cir. 1977), we held that where an employer wrongly believes an employee has violated company policy, it does not discriminate in violation of Title VII if it acts on that belief.
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

John A. Wyscarver, Complainant, v. John Ashcroft, Attorney General, Department of Justice, (Immigration and Naturalization Service) Agency.

7 Cited authorities

McDonnell Douglas Corp. v. Green

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

U.S. Postal Service Bd. of Govs. v. Aikens

Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

Universal Camera Corp. v. Nat'l Labor Relations Bd.

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

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"

Wrenn v. Gould

Holding that an employer can consider factors external to a job description when selecting among qualified candidates

Turner v. Texas Instruments, Inc.

In Turner v. Texas Instruments, Inc., 555 F.2d 1251 (5th Cir. 1977), we held that where an employer wrongly believes an employee has violated company policy, it does not discriminate in violation of Title VII if it acts on that belief.

Bauer v. Bailar

Holding employer's subjective hiring criteria to be nonpretextual where the subjective factors considered were articulated and generally relevant to the job