21 Vermont opinions name it 2 courts 1982–2025 5 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McDonnell Douglas Corp. v. Greengreen2 sentences2024Claims under 3 V.S.A. § 973 are governed by the familiar burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). 2022Where, as here, there is no direct evidence of unlawful retaliation, we apply the three-part burden-shifting framework established by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). | 7 | 12 |
Robertson v. Mylan Laboratories, Inc.green2 sentences2016The Price 5 Waterhouse v. Hopkins, 490 U.S. 228 , 241–44 (1989), framework applies in cases where a discriminatory motive clearly was at work; the three-step burden shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 802–04 (1973), applies where there is circumstantial evidence of discrimination only, Robertson v. Mylan Laboratories, Inc., 2004 VT 15, ¶ 18 , 176 Vt. 356, 364 . 2016The Price 5 Waterhouse v. Hopkins, 490 U.S. 228 , 241–44 (1989), framework applies in cases where a discriminatory motive clearly was at work; the three-step burden shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 802–04 (1973), applies where there is circumstantial evidence of discrimination only, Robertson v. Mylan Laboratories, Inc., 2004 VT 15, ¶ 18 , 176 Vt. 356, 364 . | 1 | 5 |
David A. Gauthier v. Keurig Green Mountain, Inc. f/k/a Green Mountain Coffee Roasters, Inc.green2 sentences2022Gauthier, 2015 VT 108, ¶ 15 . 2021See also Gauthier, 2015 VT 108, ¶ 16 (“In the absence of direct evidence of unlawful discharge or discrimination . . . [courts] apply the three-part burden- shifting framework as laid out by the United States Supreme Court in McDonnell Douglas Corp. v. Green.”) (citation omitted from parenthetical). | 1 | 2 |
Price Waterhouse v. Hopkinsred2 sentences2016The Price 5 Waterhouse v. Hopkins, 490 U.S. 228 , 241–44 (1989), framework applies in cases where a discriminatory motive clearly was at work; the three-step burden shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 802–04 (1973), applies where there is circumstantial evidence of discrimination only, Robertson v. Mylan Laboratories, Inc., 2004 VT 15, ¶ 18 , 176 Vt. 356, 364 . 2004Plaintiff argues that since she presented direct evidence — in particular, alleged comments made to her or her husband 3 by senior officers at Bertek — that gender played a motivating factor in defendants’ decision not to promote her, the two-step framework of Price Waterhouse v. Hopkins, 490 U.S. 228, 241-44 (1989), should apply, rather than the three-step burden shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973), that the trial court applied. | 1 | 2 |
Hodgdon v. Mt. Mansfield Co., Inc.green2 sentences2015Mansfield Co., 160 Vt. 150, 162 , 624 A.2d 1122, 1129 (1992)). 2015Mansfield Co., 160 Vt. 150, 162 , 624 A.2d 1122, 1129 (1992)). | 1 | 2 |
TransCanada Hydro Northeast, Inc. v. Town of Newbury, State of Vermontgreen1 sentence2025See 2017 VT 117, ¶ 12 (describing “shifting burdens of production and persuasion that apply in property valuation cases”). | 1 | 1 |
Steven Daiello v. Town of Vernon v. Dale A. Merritt and Brenda Merrittgreen1 sentence2025At summary judgment, “we give the nonmoving party the benefit of all reasonable doubts and inferences.” Daiello, 2022 VT 32, ¶ 29 (quotation omitted). 6 ¶ 19. | 1 | 1 |
El Sayed v. Hilton Hotels Corp.green1 sentence2015See, e.g., Murray, 164 Vt. at 212 , 667 A.2d at 300 (timing of adverse employment decision relative to the filing of a workers’-compensation claim is sufficient, for purposes of a prima facie case, to establish a causal connection (citing Gallipo v. City of Rutland, 163 Vt. 83, 93 , 656 A.2d 635, 642 (1994)); see also El Sayed v. Hilton Hotels Corrp., 627 F.3d 931, 932 (2d Cir. 2010) (per curiam) (“By demonstrating temporal proximity between his complaint and his discharge, [the plaintiff] arguably established a prima facie case of retaliation under Title VIL”); Seeger v. Cincinnati Bell Tel. | 1 | 1 |
Murray v. St. Michael's Collegegreen2 sentences2015See, e.g., Murray, 164 Vt. at 212 , 667 A.2d at 300 (timing of adverse employment decision relative to the filing of a workers’-compensation claim is sufficient, for purposes of a prima facie case, to establish a causal connection (citing Gallipo v. City of Rutland, 163 Vt. 83, 93 , 656 A.2d 635, 642 (1994)); see also El Sayed v. Hilton Hotels Corrp., 627 F.3d 931, 932 (2d Cir. 2010) (per curiam) (“By demonstrating temporal proximity between his complaint and his discharge, [the plaintiff] arguably established a prima facie case of retaliation under Title VIL”); Seeger v. Cincinnati Bell Tel. 2015See, e.g., Murray, 164 Vt. at 212 , 667 A.2d at 300 (timing of adverse employment decision relative to the filing of a workers’-compensation claim is sufficient, for purposes of a prima facie case, to establish a causal connection (citing Gallipo v. City of Rutland, 163 Vt. 83, 93 , 656 A.2d 635, 642 (1994)); see also El Sayed v. Hilton Hotels Corrp., 627 F.3d 931, 932 (2d Cir. 2010) (per curiam) (“By demonstrating temporal proximity between his complaint and his discharge, [the plaintiff] arguably established a prima facie case of retaliation under Title VIL”); Seeger v. Cincinnati Bell Tel. | 1 | 1 |
Gallipo v. City of Rutlandgreen2 sentences2015See, e.g., Murray, 164 Vt. at 212 , 667 A.2d at 300 (timing of adverse employment decision relative to the filing of a workers’-compensation claim is sufficient, for purposes of a prima facie case, to establish a causal connection (citing Gallipo v. City of Rutland, 163 Vt. 83, 93 , 656 A.2d 635, 642 (1994)); see also El Sayed v. Hilton Hotels Corrp., 627 F.3d 931, 932 (2d Cir. 2010) (per curiam) (“By demonstrating temporal proximity between his complaint and his discharge, [the plaintiff] arguably established a prima facie case of retaliation under Title VIL”); Seeger v. Cincinnati Bell Tel. 2015See, e.g., Murray, 164 Vt. at 212 , 667 A.2d at 300 (timing of adverse employment decision relative to the filing of a workers’-compensation claim is sufficient, for purposes of a prima facie case, to establish a causal connection (citing Gallipo v. City of Rutland, 163 Vt. 83, 93 , 656 A.2d 635, 642 (1994)); see also El Sayed v. Hilton Hotels Corrp., 627 F.3d 931, 932 (2d Cir. 2010) (per curiam) (“By demonstrating temporal proximity between his complaint and his discharge, [the plaintiff] arguably established a prima facie case of retaliation under Title VIL”); Seeger v. Cincinnati Bell Tel. | 1 | 1 |
Beckmann v. Edson Hill Manor, Inc.green2 sentences2003Beckmann v. Edson Hill Manor, Inc., 171 Vt. 607, 608 , 764 A.2d 1220, 1222 (2000) (mem.). 2003Beckmann v. Edson Hill Manor, Inc., 171 Vt. 607, 608 , 764 A.2d 1220, 1222 (2000) (mem.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zephryn (Stephanie) Hammond v. University of Vermont Medical Center
green
1 sentence2025At the final stage of the burden shifting framework, employee must show that the “proffered reason was a mere pretext for discrimination.” Id. (quotations omitted). | 1 | 2025–2025 |
Griffis v. Cedar Hill Health Care Corp.
green
2 sentences2024At the initial stage, a plaintiff must establish a prima facie retaliation claim by showing that: “(1) the plaintiff engaged in a protected activity; (2) the employer was aware of the activity; (3) the plaintiff suffered adverse employment consequences as result of the activity; and (4) there was a causal connection between the activity and the consequences.” Griffis v. Cedar Hill Health Care Corp., 2008 VT 125, ¶ 12 , 185 Vt. 74 , 967 A.2d 1141 (applying burden-shifting framework of McDonnell Douglas to whistleblower claim under 21 V.S.A. § 507). 2024Given my conclusion that plaintiff engaged in protected activity, I now turn to DOC’s argument concerning the final stage of the burden-shifting framework under McDonnell Douglas—whether plaintiff proved by a preponderance of the evidence that DOC’s stated reasons for terminating plaintiff were pretextual.8 Griffis, 2008 VT 125, ¶ 12 . | 1 | 2024–2024 |
Morley v. Central Intelligence Agency
green
1 sentence2017To prevail on summary judgment with respect to a FOIA dispute, the defending agency must show that it has conducted a search "reasonably calculated to uncover all relevant documents." Morley v. C.I.A. , 508 F.3d 1108 , 1114 (D.C. | 1 | 2017–2017 |
Office of the Governor v. Washington Post Co.
green
2 sentences2002Id. 2002Id. | 1 | 2002–2002 |
Carpenter v. Central Vermont Medical Center
green
2 sentences2000Carpenter, 170 Vt. at 566 , 743 A.2d at 594-95 . 2000Carpenter, 170 Vt. at 566 , 743 A.2d at 594-95 . | 1 | 2000–2000 |
Ross v. Times Mirror, Inc.
green
2 sentences1999See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973); Ross, 164 Vt. at 24 , 665 A.2d at 586-87 . 1999See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973); Ross, 164 Vt. at 24 , 665 A.2d at 586-87 . | 1 | 1999–1999 |
Fonfara v. Reapportionment Commission
green
2 sentences1993I would follow the recent and thoroughly-reasoned opinion of the Connecticut Supreme Court in Fonfara v. Reapportionment Commission, 610 A.2d at 159 , that a mere showing of a violation of a nonnumerical requirement — in that case, a state constitutional prohibition on crossing town lines — does not shift the burden of proof to the apportionment body to prove the plan is valid. 1993I would follow the recent and thoroughly-reasoned opinion of the Connecticut Supreme Court in Fonfara v. Reapportionment Commission, 610 A.2d at 159 , that a mere showing of a violation of a nonnumerical requirementin that case, a state constitutional prohibition on crossing town linesdoes not shift the burden of proof to the apportionment body to prove the plan is valid. | 1 | 1993–1993 |
Sandstrom v. Montana
green
1 sentence1982Id. at 525 . | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.