Topic: in such 'direct evidence' cases, 'the burden of proof shift… · Go Syfert
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Topic #23427

4 canonical passages across 4 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Salome Fierros v. Texas Department of Health.

#Case FlagCanonical passage Citers
1 Salome Fierros v. Texas Department of Health Anchor
ca5 · 2001
green “in such 'direct evidence' cases, 'the burden of proof shifts to the employer to establish by a preponderance of the evidence that the same decision would have been made regardless of the forbidden factor.” 5
2 Jones v. Overnite Transportation Co.
ca5 · 2006
green “direct evidence proves intentional discrimination without inference or presumption when believed by the trier of fact.” 4
3 Larry W. Moore and Naomi S. Moore v. United States Department of Agriculture on Behalf of Farmers Home Administration
ca5 · 1995
green “bypass the mcdonnell douglas burden-shifting framework discussed infra commonly applied in discrimination cases and proceed directly to the question of liability.” 4
4 Thompson v. Exxon Mobil Corp.
txed · 2004
green “a demonstration of substantial similarity generally requires a showing that a common supervisor was involved in the decision making” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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