Malta Construction Co. v. Henningson, Durham & Richardson, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying the Marotta standard to the damages phase of a case in which the plaintiff that sought to be awarded a position retroactively at the damages phase
• once intentional discrimination is shown, applicant should be awarded position retroactively unless employer shows by clear and convincing evidence that even in the absence of discrimination applicant would not have been hired
• once intentional discrimination is shown, plaintiff should be appointed retroactively to position denied unless defendant shows by clear and convincing evidence that even in the absence of discrimination the applicant would not have been selected for the open position
• once intentional discrimination is shown, plaintiff should be appointed retroactively to position denied unless defendant shows by clear and convincing evidence that even in the absence of discrimination the applicant would not have been selected for the open position

Source: CourtListener parenthetical corpus (CC0).