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· 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 CourtListener

Sourced 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.