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Equal Employment Opportunity Commission v. Bloomberg L.P.

MEMORANDUM OF LAW in Opposition re: 117 MOTION in Limine to exclude Plaintiff EEOC's Expert Dr. Louis Lanier.. Document

28 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,433 times   228 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,608 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  3. Watson v. Fort Worth Bank Tr.

    487 U.S. 977 (1988)   Cited 1,379 times   7 Legal Analyses
    Holding that plaintiff has burden to show that a particular employment practice "caused the exclusion of applicants for jobs or promotions because of their membership in a protected group"

  4. Hazelwood School District v. United States

    433 U.S. 299 (1977)   Cited 870 times   2 Legal Analyses
    Holding that to “constitute prima facie proof of a pattern or practice of discrimination,” a plaintiff must show “gross statistical disparities”

  5. Bazemore v. Friday

    478 U.S. 385 (1986)   Cited 637 times   4 Legal Analyses
    Holding disparate-pay claim timely, despite genesis of disparity in segregation long since abandoned, because "[e]ach week's paycheck that delivers less to a black than to a similarly situated white is [inherently] a wrong actionable under Title VII"

  6. Abdu-Brisson v. Delta Air Lines, Inc.

    239 F.3d 456 (2d Cir. 2001)   Cited 1,404 times   2 Legal Analyses
    Holding that McDonnell Douglas applies to claims brought under the NYSHRL

  7. California Federal S. L. Assn. v. Guerra

    479 U.S. 272 (1987)   Cited 577 times   3 Legal Analyses
    Holding that the PDA does not pre-empt such statutes

  8. Bickerstaff v. Vassar College

    196 F.3d 435 (2d Cir. 1999)   Cited 1,332 times   2 Legal Analyses
    Holding affidavits based on conclusory allegations insufficient at summary judgment

  9. Laxton v. Gap Inc.

    333 F.3d 572 (5th Cir. 2003)   Cited 1,040 times   2 Legal Analyses
    Holding that "the discriminatory animus of a manager can be imputed to the ultimate decisionmaker if the [manager]. . . . `had influence or leverage over'" the ultimate decisionmaker (quoting Russell v. McKinney Hosp. Venture, 235 F.3d 219, 226 (5th Cir.2000))

  10. Nimely v. City of New York

    414 F.3d 381 (2d Cir. 2005)   Cited 768 times
    Holding that the district court erred in admitting testimony of an expert who "stated that he ‘rejected’ the possibility that [law-enforcement witnesses] had lied, and explained various reasons why police officers have no incentive to give false statements in excessive force cases"

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,650 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,819 times   259 Legal Analyses
    Adopting the Daubert standard

  13. Section 1604.10 - Employment policies relating to pregnancy and childbirth

    29 C.F.R. § 1604.10   Cited 104 times
    Providing that "Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such termination violates the Act [Title VII] if it has a disparate impact of employees of one sex and is not justified by business necessity"