· 9/19/1990
Glenda Smith and Ray Martin v. Howard Barton, Larry Barnes, Jack Ugaki, and Brian Wardle
Citations
- 914 F.2d 1330
- 1 Am. Disabilities Cas. (BNA) 1689
- 1990 U.S. App. LEXIS 16427
- 54 Empl. Prac. Dec. (CCH) 40,264
- 53 Fair Empl. Prac. Cas. (BNA) 1552
- 1990 WL 134733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that once the employer offers a legitimate, nondiscriminatory reason for the discharge, and that reason disclaims any reliance on the disability, the burden shifts to the employee to demonstrate that the articulated reason is a pretext for disability discrimination
- applying McDonnell Douglas framework for Title VII discrimination claims to discrimination claim brought under ADA
- “Title VI itself contains no grant of a jury trial. Furthermore, cases interpreting Title VI generally have found no such right.”
- “[B]efore addressing the constitutional issue, we first analyze whether the 14 statute itself expresses any intent to grant plaintiffs a jury trial.”
- “[PJrivate plaintiffs, suing under section 504 [of the Rehabilitation Act] need not first exhaust administrative remedies.”
- “[B]ecause of the similarities between Title VI and Title VII, courts frequently have looked to Title VII in determining rights and procedures available under Title VI.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Fletcher, Reed
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.