29 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,388 times 38 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"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,110 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"
Hunt v. Cromartie
526 U.S. 541 (1999) Cited 2,881 times 1 Legal Analyses
Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party
Corning Glass Works v. Brennan
417 U.S. 188 (1974) Cited 1,397 times 7 Legal Analyses
Holding that an employer has the burden of proof to show that it falls within the stated exemption
Dey v. Colt Construction & Development Co.
28 F.3d 1446 (7th Cir. 1994) Cited 662 times 1 Legal Analyses
Holding that a subordinate's discriminatory animus must "affect" the decision
Markel v. Bd. of Regents of Univ. of Wisconsin
276 F.3d 906 (7th Cir. 2002) Cited 227 times
Holding that statements made two months before termination were not contemporaneous, and therefore did not constitute circumstantial evidence under the direct method of proof
Merillat v. Metal Spinners, Inc.
470 F.3d 685 (7th Cir. 2006) Cited 175 times 1 Legal Analyses
Holding "isolated comments that are no more than `stray remarks' in the workplace are insufficient to establish that a particular decision was motivated by discriminatory animus"
Lavin McEleney v. Marist Coll.
239 F.3d 476 (2d Cir. 2001) Cited 201 times
Holding that plaintiff, who identified a specific male comparator, can also compare herself to a statistical composite of comparable male employees in order to establish EPA liability as well as to calculate damages
Bragg v. Navistar Int'l Trans. Corp.
164 F.3d 373 (7th Cir. 1998) Cited 194 times
Finding that "[c]onstructive discharge exists to give Title VII protection to a plaintiff who decides to quit rather than wait around to be fired"
Adreani v. First Colonial Bankshares Corp.
154 F.3d 389 (7th Cir. 1998) Cited 185 times
Finding that there was no genuine issue about the plaintiff's performance deficiencies, even though he was not given written performance evaluations, because warnings from supervisors "put him on notice that his performance was not satisfactory"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,986 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,824 times 99 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 255 - Statute of limitations
29 U.S.C. § 255 Cited 4,539 times 8 Legal Analyses
Recognizing that not all FLSA wage and overtime claims are willful
Section 1620.13 - "Equal Work"-What it means
29 C.F.R. § 1620.13 Cited 124 times
Recognizing that application of the equal pay standard is a fact-intensive inquiry that must be determined on a case-by-case basis
Section 1620.14 - Testing equality of jobs
29 C.F.R. § 1620.14 Cited 92 times
Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met
Section 1620.16 - Jobs requiring equal effort in performance
29 C.F.R. § 1620.16 Cited 38 times
Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"
Section 1620.18 - Jobs performed under similar working conditions
29 C.F.R. § 1620.18 Cited 19 times
Defining working conditions

Shi, Nian-Qing v. Board of Regents of The University of Wisconsin System

29 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, 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 that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

Holding that an employer has the burden of proof to show that it falls within the stated exemption

Holding that a subordinate's discriminatory animus must "affect" the decision

Holding that statements made two months before termination were not contemporaneous, and therefore did not constitute circumstantial evidence under the direct method of proof

Holding "isolated comments that are no more than `stray remarks' in the workplace are insufficient to establish that a particular decision was motivated by discriminatory animus"

Holding that plaintiff, who identified a specific male comparator, can also compare herself to a statistical composite of comparable male employees in order to establish EPA liability as well as to calculate damages

Finding that "[c]onstructive discharge exists to give Title VII protection to a plaintiff who decides to quit rather than wait around to be fired"

Finding that there was no genuine issue about the plaintiff's performance deficiencies, even though he was not given written performance evaluations, because warnings from supervisors "put him on notice that his performance was not satisfactory"

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

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that not all FLSA wage and overtime claims are willful

Recognizing that application of the equal pay standard is a fact-intensive inquiry that must be determined on a case-by-case basis

Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met

Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"

Defining working conditions