Skill Staff of Colorado
4 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal AnalysesHolding 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."
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 timesExplaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
N.L.R.B. v. PRINEVILLE STUD CO
578 F.2d 1292 (9th Cir. 1978) Cited 5 timesNo. 77-1773. June 23, 1978. As Amended on Denial of Rehearing July 27, 1978. Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., for N.L.R.B. Lester V. Smith, Jr. (argued), of Bullard, Korshoj Smith, Portland, Or., for Prineville Stud Co. On Petition for Enforcement of an Order of The National Labor Relations Board. Before KILKENNY and CHOY, Circuit Judges, and EAST, District Judge. The Honorable William G. East, Senior United States District Judge for the District of Oregon. sitting