Robert D. Jew, Complainant, v. Arne Duncan, Secretary, Department of Education, Agency.

5 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,515 times 98 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
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,285 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"
Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee
456 U.S. 694 (1982) Cited 4,022 times 4 Legal Analyses
Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived
Hicks v. Gates Rubber Co.
833 F.2d 1406 (10th Cir. 1987) Cited 562 times 1 Legal Analyses
Holding that employer liability could arise under the principles of Restatement 219 if: the employer was negligent or reckless; or the employee relied on the supervisor's apparent authority; or the supervisor was aided in his harassment by the existence of the agency relationship
Capaci v. Katz Besthoff, Inc.
711 F.2d 647 (5th Cir. 1983) Cited 39 times
Holding not clearly erroneous district court's finding that defendant employer harassed plaintiff employee by frequent and constant "building of a file which included reports of trivial, petty, insignificant events involving [plaintiff employee]"

Robert D. Jew, Complainant, v. Arne Duncan, Secretary, Department of Education, Agency.

5 Cited authorities

McDonnell Douglas Corp. v. Green

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

Tex. Dept. of Cmty. Affairs v. Burdine

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"

Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

Hicks v. Gates Rubber Co.

Holding that employer liability could arise under the principles of Restatement 219 if: the employer was negligent or reckless; or the employee relied on the supervisor's apparent authority; or the supervisor was aided in his harassment by the existence of the agency relationship

Capaci v. Katz Besthoff, Inc.

Holding not clearly erroneous district court's finding that defendant employer harassed plaintiff employee by frequent and constant "building of a file which included reports of trivial, petty, insignificant events involving [plaintiff employee]"