Mark V. Hurley, Appellant, v. Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.

11 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,401 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,221 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"
O'Connor v. Consolidated Coin Caterers Corp.
517 U.S. 308 (1996) Cited 2,089 times 7 Legal Analyses
Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
Loeb v. Textron, Inc.
600 F.2d 1003 (1st Cir. 1979) Cited 721 times
Denying any such requirement
Berry v. Board of Sup'rs of L.S.U
715 F.2d 971 (5th Cir. 1983) Cited 524 times 1 Legal Analyses
Holding mere allegation that a female professor was paid less than a male colleague for equal work stated a claim under the EPA
Bundy v. Jackson
641 F.2d 934 (D.C. Cir. 1981) Cited 404 times
Holding that where a plaintiff alleges that she was denied an increase in pay and grade, the relevant inquiry is whether a similarly-situated person outside the plaintiff's protected class requested and received the same kind of promotion or increase under similar circumstances
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
Miller v. Shawmut Bank of Boston, N.A.
726 F. Supp. 337 (D. Mass. 1989) Cited 7 times
In Miller v. Shawmut Bank of Boston, 726 F. Supp. 337 (D.Mass. 1989), the court determined that a promotion to personal banker from customer services representative was sufficient to save a § 1981 claim from summary judgment, particularly when internal company memos showed that the jobs were considerably different.
Canham v. Oberlin College
666 F.2d 1057 (6th Cir. 1981) Cited 10 times
In Canham v. Oberlin College, 666 F.2d 1057 (6th Cir. 1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982), the claim was sex discrimination.

Mark V. Hurley, Appellant, v. Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.

11 Cited authorities

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

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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"

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

Denying any such requirement

Holding mere allegation that a female professor was paid less than a male colleague for equal work stated a claim under the EPA

Holding that where a plaintiff alleges that she was denied an increase in pay and grade, the relevant inquiry is whether a similarly-situated person outside the plaintiff's protected class requested and received the same kind of promotion or increase under similar circumstances

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

In Canham v. Oberlin College, 666 F.2d 1057 (6th Cir. 1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982), the claim was sex discrimination.