· 4/5/1985
Wellington Mitchell v. Malcolm Baldrige, Secretary of Commerce
Citations
- 759 F.2d 80
- 245 U.S. App. D.C. 60
- 1 Fed. R. Serv. 3d 1554
- 1985 U.S. App. LEXIS 28745
- 36 Empl. Prac. Dec. (CCH) 35,109
- 37 Fair Empl. Prac. Cas. (BNA) 689
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is defendant’s burden to produce “evidence of selectees’ superior qualifications,” which plaintiff need not anticipate and rebut in establishing his prima facie case
- holding that plaintiff need not prove that “he was as qualified as or more qualified than those selected” for purposes of meeting his prima facie burden
- holding that the passage of three months between the employee’s protected activity and the employer’s adverse personnel action is sufficient to establish causation for purposes of the plaintiffs prima facie burden
- holding that “[t]he causal connection component of the prima facie case may be established by showing that the employer had knowledge of the employee’s protected activity, and that the adverse personnel action took place shortly after that activity”
- stating that “the causal connection component ... may be established by showing that the employer had knowledge of the employee’s protected activity, and that the adverse personnel action took place shortly after that activity”
- noting that the plaintiff can establish the casual link element “by showing that the employer had knowledge of the employee’s protected activity, and that the [retaliatory] personnel action took place shortly after that activity.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Ginsburg, Sca-Lia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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