Vernetta Foster, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.

8 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,385 times 95 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 19,991 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"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,406 times 5 Legal Analyses
Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination
Burrus v. United Telephone Co. of Kan., Inc.
683 F.2d 339 (10th Cir. 1982) Cited 401 times
Holding that three years between the protected activity and the adverse employment action was too long to establish the third element
Mitchell v. Baldrige
759 F.2d 80 (D.C. Cir. 1985) Cited 355 times
Holding that it is defendant's burden to produce "evidence of selectees' superior qualifications," which plaintiff need not anticipate and rebut in establishing his prima facie case
Hochstadt v. Worcester Foundation for Experimental Biology
545 F.2d 222 (1st Cir. 1976) Cited 248 times 3 Legal Analyses
Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"
Bauer v. Bailar
647 F.2d 1037 (10th Cir. 1981) Cited 79 times
Holding employer's subjective hiring criteria to be nonpretextual where the subjective factors considered were articulated and generally relevant to the job
Hochstadt v. Worcester Foundation, Etc.
425 F. Supp. 318 (D. Mass. 1976) Cited 87 times
Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

Vernetta Foster, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.

8 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 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 because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

Holding that three years between the protected activity and the adverse employment action was too long to establish the third element

Holding that it is defendant's burden to produce "evidence of selectees' superior qualifications," which plaintiff need not anticipate and rebut in establishing his prima facie case

Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

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

Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement