Jose Bermea, Complainant, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.

9 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,668 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
O'Connor v. Consolidated Coin Caterers Corp.
517 U.S. 308 (1996) Cited 2,099 times 7 Legal Analyses
Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,707 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 1,630 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"
Loeb v. Textron, Inc.
600 F.2d 1003 (1st Cir. 1979) Cited 721 times
Denying any such requirement
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
O'Neill v. Sears, Roebuck Co.
108 F. Supp. 2d 443 (E.D. Pa. 2000) Cited 34 times 1 Legal Analyses
Finding award for back pay under ADEA appropriate where plaintiff supported her request with testimony from a financial consultant
Sears v. Atchison, Topeka & Santa Fe Ry., Co.
749 F.2d 1451 (10th Cir. 1984) Cited 57 times 2 Legal Analyses
Holding that district court did not abuse its discretion in awarding tax penalty offset
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,062 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Jose Bermea, Complainant, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.

9 Cited authorities

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”

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"

Denying any such requirement

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

Finding award for back pay under ADEA appropriate where plaintiff supported her request with testimony from a financial consultant

Holding that district court did not abuse its discretion in awarding tax penalty offset

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"