§Why CasetextPricing

Patterson v. Xerox Corporation et al

MEMORANDUM in Opposition re MOTION to Dismiss

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,452 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,544 times   98 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

  5. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,748 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  6. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,630 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  7. Gallo v. Prudential Residential Services

    22 F.3d 1219 (2d Cir. 1994)   Cited 4,442 times
    Holding that a firm's decision to implement a reduction-in-force "to meet its budgetary goals" during "a business downturn" was a legitimate reason for terminating an employee

  8. Galabya v. New York City Bd. of Educ

    202 F.3d 636 (2d Cir. 2000)   Cited 1,403 times
    Holding that teacher's reassignment from a "special education, junior high school keyboarding class" to a "mainstream high school keyboarding class" was not an adverse employment action, as there was no evidence reassignment could "constitute a setback to the plaintiff's career"

  9. Van Zant v. KLM Royal Dutch Airlines

    80 F.3d 708 (2d Cir. 1996)   Cited 1,039 times
    Holding that timeliness is "measured from the date the employee receives notice of the discriminatory decision

  10. Wanamaker v. Columbian Rope Company

    108 F.3d 462 (2d Cir. 1997)   Cited 485 times
    Holding that denying an employee the use of an office or telephone to conduct a job hunt once he had notice of his termination was not “sufficiently deleterious to constitute adverse employment action prohibited by the ADEA”

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,340 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,798 times   131 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  13. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 29,408 times   173 Legal Analyses
    Finding it to be unlawful for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discrimination against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin”