McDonnell Douglas Corp. v. Green

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

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"

Shearson/Am. Express Inc. v. McMahon

Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934

Guz v. Bechtel National, Inc.

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."

Armendariz v. Foundation Health Psychcare Services, Inc.

Holding unilateral arbitration provision substantively unconscionable

Denham v. Superior Court

Affirming the well settled principle that on appeal, "[a]ll intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown"

Smith v. Chrysler Corp.

Holding that "[i]n deciding whether an employer reasonably relied on the particularized facts then before it," this court "do[es] not require that the decisional process used by the employer be optimal or that it left no stone unturned. Rather, the key inquiry is whether the employer made a reasonably informed and considered decision before taking an adverse employment action"

Edgar v. JAC Prods., Inc.

Holding "interference with an employee's FMLA rights does not constitute a violation if the employer has a legitimate reason unrelated to the exercise of FMLA rights for engaging in the challenged conduct"

Moncharsh v. Heily Blase

Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"

Hurlbert v. St. Mary's Health Care Sys. Inc.

Holding that plaintiff must amend the complaint before raising a claim at summary judgment

Section 12101 - Findings and purpose

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Section 1001 - Congressional findings and declaration of policy

Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

Section 621 - Congressional statement of findings and purpose

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

Section 2601 - Findings and purposes

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Section 2615 - Prohibited acts

Granting prescriptive rights

Section 2612 - Leave requirement

Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

Section 13

Requiring a "miscarriage of justice"

Section 2614 - Employment and benefits protection

Holding that the substantive right to reinstatement "shall [not] be construed to entitle any restored employee to ... any right, benefit, or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave."

Section 2613 - Certification

Permitting employers to require certification

Section 6

Prohibiting gifts or loans of public monies or pledging of credit prohibited

Section 825.220 - Protection for employees who request leave or otherwise assert FMLA rights

Adopting a "negative factor" standard

Section 825.216 - Limitations on an employee's right to reinstatement

Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"

Section 7297.4 - Requests for CFRA Leave: Advance Notice; Certification; Employer Response. [Renumbered]

Entitling employer to insist on doctor's release verifying that the employee is able to return to work following medical leave

Section 7297.2 - Right to Reinstatement: Guarantee of Reinstatement; Refusal to Reinstate; Permissible Defenses. [Renumbered]

Section 7297.10 - Relationship with FMLA Regulations. [Renumbered]

Rule 3.1590 - Announcement of tentative decision, statement of decision, and judgment