49 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
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"
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."
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
Cornwell v. Electra Cent. Credit Union
439 F.3d 1018 (9th Cir. 2006) Cited 959 times 1 Legal Analyses
Holding eight month gap insufficient to support an inference of retaliatory motive under facts presented
Godwin v. Hunt Wesson, Inc.
150 F.3d 1217 (9th Cir. 1998) Cited 1,140 times
Holding that pretext is shown if other employees with similar qualifications are treated more favorably
Wallis v. J.R. Simplot Co.
26 F.3d 885 (9th Cir. 1994) Cited 1,231 times 1 Legal Analyses
Holding an employer is required to proffer only "a" legitimate, nondiscriminatory reason for its adverse employment action
Miklosy v. Regents of University of California
44 Cal.4th 876 (Cal. 2008) Cited 467 times 1 Legal Analyses
Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result
Raad v. Fairbanks N. Star Borough Sch. Dist.
323 F.3d 1185 (9th Cir. 2003) Cited 519 times 1 Legal Analyses
Holding that qualifications evidence standing alone may establish pretext where the plaintiff's qualifications are "`clearly superior'" to those of the selected job applicant
Janken v. GM Hughes Electronics
46 Cal.App.4th 55 (Cal. Ct. App. 1996) Cited 555 times
Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 337,668 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 3600 - Generally
Cal. Lab. Code § 3600 Cited 910 times 6 Legal Analyses
Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

Daniel Veloz v. Sears Roebuck And Co et al

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

Holding eight month gap insufficient to support an inference of retaliatory motive under facts presented

Holding that pretext is shown if other employees with similar qualifications are treated more favorably

Holding an employer is required to proffer only "a" legitimate, nondiscriminatory reason for its adverse employment action

Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result

Holding that qualifications evidence standing alone may establish pretext where the plaintiff's qualifications are "`clearly superior'" to those of the selected job applicant

Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

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

Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "