Second Circuit· 5/5/2011

United States v. Brennan

Citations

650 F.3d 65
2011 WL 1679850

How courts have described this case

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

holding that employer defending against disparate treatment claim has burden to articulate legitimate, non-discriminatory reason for its prima facie discriminatory practice
concluding that arguments \not in the opening brief\ were \forfeited\
determining that conclusory statement in brief that there was a due process violation was insufficient to raise the issue on appeal
remanding “arguably forfeited” issue back to the district court since “remand . . . [was] required in any event”
extending Ricci’s logic to sex discrimination and concluding that the defendants’ remedial actions vi- olated Title VII because they “were explicitly race- and sex-based”
setting forth factors for determining whether municipality established “strong basis in evidence” defense, including whether there is “objectively strong evidence of non-job-relatedness,” which can be demonstrated by less than preponderance of evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregory B. Friel

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