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13 New York opinions name it 2 courts 1985–2026 4 in the last five years
The cases below were cited by New York 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 |
|---|---|---|
Ferrante v. American Lung Ass'ngreen2 sentences2026"The burden then shifts to the employer to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision" ( Ferrante v American Lung Assn. , 90 NY2d 623, 629 [internal quotation marks omitted]). 2026"The burden then shifts to the employer to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision" ( Ferrante v American Lung Assn. , 90 NY2d 623, 629 [internal quotation marks omitted]). | 2 | 4 |
Forrest v. Jewish Guild for the Blindgreen2 sentences2017The burden then shifts to the employer to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision (see id. at 305 ). 2012In order to nevertheless succeed on [his] claim, the plaintiff must prove that the legitimate reasons proffered by the defendant were merely a pretext for discrimination by demonstrating both that the stated reasons were false and that discrimination was the real reason” (Forrest, 3 NY3d at 305 [footnote, citations and internal quotation marks omitted]). | 2 | 3 |
Horwitz v. L. & J.G. Stickley, Inc.green1 sentence2015Stickley, 305 AD2d 956, 957 [2003]; see Di Mascio v General Elec. | 1 | 1 |
Di Mascio v. General Electric Co.green1 sentence2007Co., 27 AD3d 854, 855 [2006]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mittl v. New York State Division of Human Rights
green
2 sentences2026"Once a prima facie case is made, the burden of production shifts to the employer to rebut the presumption with evidence that the complainant was discharged for a legitimate, nondiscriminatory reason" ( id. ). 2026"Once a prima facie case is made, the burden of production shifts to the employer to rebut the presumption with evidence that the complainant was discharged for a legitimate, nondiscriminatory reason" ( id. ). | 3 | 2023–2026 |
McDonnell Douglas Corp. v. Green
green
1 sentence2017The plaintiff then must prove that the proffered reasons are merely a pretext for discrimination (see McDonnell Douglas Corp. v Green, 411 US at 805 ; Ferrante v American Lung Assn., 90 NY2d at 629-630 ). | 1 | 2017–2017 |
Miller Brewing Co. v. State Division of Human Rights
green
1 sentence2017The burden then shifts to the employer to rebut the presumption of discrimination by setting forth a legitimate, independent, and nondiscriminatory reason to support the employment decision (see Ferrante v American Lung Assn., 90 NY2d at 629 ; Matter of Miller Brewing Co. v State Div. of Human Rights, 66 NY2d 937 [1985]). | 1 | 2017–2017 |
Claim of Cast v. City of Gloversville Water Department
neutral
1 sentence1999Claimant’s principal argument is that there was insufficient credible evidence adduced by the employer to rebut the presumption of compensability under the Workers’ Compensation Law (see, Matter of Cast v City of Gloversville Water Dept., 163 AD2d 622, 624 , lv denied 78 NY2d 851 ). | 1 | 1999–1999 |
Texas Department of Community Affairs v. Burdine
green
1 sentence1985Once the complainant has established a prima facie case, the burden shifts to the employer to rebut the presumption of discrimination by producing evidence that the complainant was rejected or someone else was preferred for a legitimate, nondiscriminatory reason (Texas Dept, of Community Affairs v Burdine, 450 US 248,254 ). | 1 | 1985–1985 |
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.