Topic: articulate some legitimate, nondiscriminatory reason · Go Syfert
← All topics

Topic #35

8 canonical passages across 4 cases, quoted by 4,283 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 McDonnell Douglas Corp. v. Green.

#Case FlagCanonical passage Citers
1 McDonnell Douglas Corp. v. Green Anchor
scotus · 1973
green “articulate some legitimate, nondiscriminatory reason” 1,344
2 Texas Department of Community Affairs v. Burdine
scotus · 1981
green “either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence.” 855
3 Texas Department of Community Affairs v. Burdine
scotus · 1981
green “the ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.” 577
4 Luis A. Fuentes v. Steven P. Perskie, Chairman of the New Jersey Casino Control Commission the New Jersey Casino Control Commission
ca3 · 1994
green “believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action.” 453
5 Luis A. Fuentes v. Steven P. Perskie, Chairman of the New Jersey Casino Control Commission the New Jersey Casino Control Commission
ca3 · 1994
green “such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable factfinder could rationally find them unworthy of credence.” 430
6 Texas Department of Community Affairs v. Burdine
scotus · 1981
green “prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.” 379
7 Luis A. Fuentes v. Steven P. Perskie, Chairman of the New Jersey Casino Control Commission the New Jersey Casino Control Commission
ca3 · 1994
green “to discredit the employer's proffered reason, however, the plaintiff cannot simply show that the employer's decision was wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer, not whether the employer is wise, shrewd, prude…” 169
8 Lichtenstein v. University of Pittsburgh Medical Center
ca3 · 2012
green “(1) she invoked her right to fmla-qualifying leave, (2) she suffered an adverse employment decision, and (3) the adverse action was causally related to her invocation of rights.” 76

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check