56 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,125 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"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,263 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 19,962 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"
Desert Palace, Inc. v. Costa
539 U.S. 90 (2003) Cited 2,458 times 14 Legal Analyses
Holding that circumstantial evidence alone can sustain a mixed-motive verdict
Price Waterhouse v. Hopkins
490 U.S. 228 (1989) Cited 4,612 times 161 Legal Analyses
Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
O'Connor v. Consolidated Coin Caterers Corp.
517 U.S. 308 (1996) Cited 2,060 times 7 Legal Analyses
Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,161 times 4 Legal Analyses
Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context
Ash v. Tyson Foods
546 U.S. 454 (2006) Cited 698 times 7 Legal Analyses
Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus
Fuentes v. Perskie
32 F.3d 759 (3d Cir. 1994) Cited 3,772 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
Orsatti v. New Jersey State Police
71 F.3d 480 (3d Cir. 1995) Cited 1,495 times
Holding that "probable cause to arrest exists when the facts and circumstances within the arresting officer's knowledge are sufficient in themselves to warrant a reasonable person to believe that an offense has been or is being committed by the person to be arrested"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,252 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,063 times 320 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,333 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,919 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Marcus et al v. PQ Corporation

56 Cited authorities

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 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 circumstantial evidence alone can sustain a mixed-motive verdict

Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”

Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context

Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus

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 that "probable cause to arrest exists when the facts and circumstances within the arresting officer's knowledge are sufficient in themselves to warrant a reasonable person to believe that an offense has been or is being committed by the person to be arrested"

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

Holding that a party may be barred from using a witness if it fails to disclose the witness

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Holding charges must be made in writing, under oath, and contain all information as the Commission requires