Topic: the burden of production, but not persuasion, then shifts t… · Go Syfert
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Topic #9513

7 canonical passages across 7 cases, quoted by 39 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 Ronald Y. Chuang and Linda Chuang v. University of California Davis, Board of Trustees and Fitz-Roy Curry.

#Case FlagCanonical passage Citers
1 Ronald Y. Chuang and Linda Chuang v. University of California Davis, Board of Trustees and Fitz-Roy Curry Anchor
ca9 · 2000
green “the burden of production, but not persuasion, then shifts to the employer to articulate some legitimate, nondiscriminatory reason for the challenged action.” 16
2 Anthoine v. North Central Counties Consortium
ca9 · 2010
green “whether an adverse employment action is intended to be retaliatory is a question of fact that must be decided in the light of the timing and the surrounding circumstances.” 4
3 National Labor Relations Board v. Howard Electric Company
ca9 · 1989
green “the employer can defend affirmatively by showing that the termination would have occurred regardless of the protected activity.” 4
4 Lynn Noyes v. Kelly Services, a Corporation
ca9 · 2007
green “introduce evidence sufficient to raise a genuine issue of material fact” 4
5 You v. Longs Drugs Stores California, LLC
hid · 2013
green “there is no 'bright line' rule providing that any particular period is always too long or always short enough to support an inference.” 4
6 Salsbury Industries v. United States
scotus · 1991
green “the burden of negating causation is on the employer.” 4
7 Tagupa v. VIPdesk, Inc.
hid · 2015
green “although an employee may always present direct evidence of motive, proximity in time is one type of circumstantial evidence that is sufficient on its own to meet the plaintiff's burden.” 3

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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