54 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,816 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,828 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,151 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,833 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,286 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,321 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,270 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 19,978 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"
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,121 times 92 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
Fuentes v. Perskie
32 F.3d 759 (3d Cir. 1994) Cited 3,777 times 2 Legal Analyses
Holding that a plaintiff can challenge a legitimate reason for an employment action by showing, inter alia, that the employer treated other, similarly situated persons not of her protected class more favorably
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,613 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,565 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,043 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 10:5-12 - Unlawful employment practices, discrimination
N.J. Stat. § 10:5-12 Cited 1,261 times 25 Legal Analyses
Prohibiting discrimination because of "sexual orientation, ... sex," etc.

Davis v. Allstate Insurance et al

54 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

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 a plaintiff can challenge a legitimate reason for an employment action by showing, inter alia, that the employer treated other, similarly situated persons not of her protected class more favorably

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing failure to accommodate as form of discrimination

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

Prohibiting discrimination because of "sexual orientation, ... sex," etc.