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Kenneth W. Fontenot, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.

01a40832 (E.E.O.C. Mar. 30, 2005)
Kenneth W. Fontenot, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.

4 Cited authorities

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

    450 U.S. 248 (1981)   Cited 19,978 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"

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

    340 U.S. 474 (1951)   Cited 9,569 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 "

  3. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,614 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"

  4. Bauer v. Bailar

    647 F.2d 1037 (10th Cir. 1981)   Cited 79 times
    Holding employer's subjective hiring criteria to be nonpretextual where the subjective factors considered were articulated and generally relevant to the job