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30 Cited authorities

  1. 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."

  2. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  3. Yearous v. Niobrara County Memorial Hospital

    128 F.3d 1351 (10th Cir. 1997)   Cited 169 times
    Holding that an employer has not constructively discharged an employee who has complete control over the effective date of his resignation

  4. Tidwell v. Meyer's Bakeries, Inc.

    93 F.3d 490 (8th Cir. 1996)   Cited 167 times
    Holding that although there was evidence of discrimination by the employer based on race, there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff

  5. Nat'l Labor Relations Bd. v. McGahey

    233 F.2d 406 (5th Cir. 1956)   Cited 133 times
    In N.L.R.B. v. McGahey, 233 F.2d 406 (5th Cir. 1956), this court described casual and moderate inquiries, even as to union preference, absent evidence indicating that the employee has reason to consider the inquiries a threat of reprisals, as not constituting an unfair labor practice in violation of § 8(a)(1).

  6. Carry Companies of Illinois, Inc. v. N.L.R.B

    30 F.3d 922 (7th Cir. 1994)   Cited 34 times
    Acknowledging that, "where an employer establishes a regular pattern of overlooking certain violations of company policy, the employer may not later rely on such violations to satisfy its burden under Wright Line."

  7. N.L.R.B. v. Berger Transfer Storage Co.

    678 F.2d 679 (7th Cir. 1982)   Cited 52 times
    Observing that "when the questions asked `viewed and interpreted as the employee must have understood the questioning and its ramifications, could reasonably coerce or intimidate the employee with regard to union activities,' a violation has been established"

  8. NLRB v. CWI of Maryland, Inc.

    127 F.3d 319 (4th Cir. 1997)   Cited 27 times
    Enforcing bargaining order where employer constructively discharged all bargaining unit employees

  9. Torbitt Castleman v. Nat'l Labor Relations Bd.

    123 F.3d 899 (6th Cir. 1997)   Cited 17 times
    Stating that an employee's subjective reaction does not render the challenged conduct unlawful

  10. Nat'l Labor Relations Bd. v. Adco Electric Inc.

    6 F.3d 1110 (5th Cir. 1993)   Cited 20 times
    Holding that employee "recommend[ing] someone for hire and [bringing] problems with apprentice employees to the attention of [his superior] is nothing more than what [the employer] would expect from experienced employees"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 504,154 times   706 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation