28 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,418 times 97 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 12,415 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 20,257 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"
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,319 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,324 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,584 times 11 Legal Analyses
Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
Hughes v. Pair
46 Cal.4th 1035 (Cal. 2009) Cited 1,013 times 4 Legal Analyses
Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress
Fisher v. San Pedro Peninsula Hosp.
214 Cal.App.3d 590 (Cal. Ct. App. 1989) Cited 509 times
Holding that despite sufficiently pled sexual harassment by a physician, plaintiff must also sufficiently plead employer ratified acts to plead prayer for punitive damages against employer
Gelfo v. Lockhead Martin Corp.
140 Cal.App.4th 34 (Cal. Ct. App. 2006) Cited 296 times 1 Legal Analyses
Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws
Shoemaker v. Myers
52 Cal.3d 1 (Cal. 1990) Cited 466 times 1 Legal Analyses
Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"

Memorandum Points and Authorities

28 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 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 "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

Holding that despite sufficiently pled sexual harassment by a physician, plaintiff must also sufficiently plead employer ratified acts to plead prayer for punitive damages against employer

Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"