70 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,643 times 39 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 220,134 times 41 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 21,468 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,584 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"
Univ. of Tex. Sw. Med. Ctr. v. Nassar
570 U.S. 338 (2013) Cited 5,408 times 78 Legal Analyses
Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,087 times 96 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
Gross v. FBL Financial Services, Inc.
557 U.S. 167 (2009) Cited 4,581 times 83 Legal Analyses
Holding "a motivating factor" causation standard did not apply to claims brought under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623, because, "[u]nlike Title VII, the ADEA's text does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor"
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,164 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"
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,514 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,718 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,322 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,350 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 34,625 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,339 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,667 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,777 times 44 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
Section 623 - Prohibition of age discrimination
29 U.S.C. § 623 Cited 10,257 times 51 Legal Analyses
Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,017 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 1614.105 - Pre-complaint processing
29 C.F.R. § 1614.105 Cited 2,676 times 13 Legal Analyses
Requiring complainant initially to notify agency and make effort to resolve matter informally
Section 1614.106 - Individual complaints
29 C.F.R. § 1614.106 Cited 661 times 2 Legal Analyses
Requiring administrative complaints to be filed with the complainant's agency
Section 1614.101 - General policy
29 C.F.R. § 1614.101 Cited 174 times
Providing that "[n]o person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act [or] the Age Discrimination in Employment Act . . . or for participating in any stage of administrative or judicial proceedings under those statutes"
Section 1614.201 - Age Discrimination in Employment Act
29 C.F.R. § 1614.201 Cited 101 times
Discussing when administrative remedies will be considered to be exhausted for purposes of filing a civil action

Marinacci v. United States Postal Service et al

70 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 a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

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 that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

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 the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

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

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Adopting similar language for acquiring default judgment against the United States

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

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Requiring complainant initially to notify agency and make effort to resolve matter informally

Requiring administrative complaints to be filed with the complainant's agency

Providing that "[n]o person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act [or] the Age Discrimination in Employment Act . . . or for participating in any stage of administrative or judicial proceedings under those statutes"

Discussing when administrative remedies will be considered to be exhausted for purposes of filing a civil action