P H Nursing Home

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."
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
Cooper Tire Rubber Co. v. N.L.R.B
957 F.2d 1245 (5th Cir. 1992) Cited 10 times
In Cooper Tire, 957 F.2d at 1250, the Fifth Circuit recognized the difficulty in terms such as "working time" and "work areas," but rejected the employer's argument that these difficulties justified a blanket prohibition on all soliciting except in the break room itself.