KLINSKI

v.

FOUR WINDS TRAVEL, INC.

Citator

Cited By (88 total)

• Watson v. Fort Worth Bank & Tr., 487 U.S. 977 (U.S. 1988)
  …eras v. Los Angeles, 656 F. 2d 1267, 1273-1274 (CA9 1981) (probative value of statistics impeached by evidence that plaintiffs failed a written examination at a disproportionately high rate because they did not study seriously for it), cert. denied, 455 U. S. 1021 (1982). A second constraint on the application of disparate impact theory lies in the nature of the “business necessity” or “job relatedness” defense. Although we have said that an employer has “the burden of showing that any given requirement must…
• United States v. Rigoberto Moya-Gomez, 860 F.2d 706 (7th Cir. 1988)
  …s within the jury’s capacity to follow the trial court’s limiting instructions requiring separate consideration for each defendant and the evidence admitted against him. Id.; United States v. Kendall, 665 F. 2d 126, 137 (7th Cir.1981), cert. denied, 455 U.S. 1021, 102 S.Ct. 1719, 72 L.Ed.2d 140 (1982). In the instant case, the trial court instructed the jury at several stages of the proceedings that it was to consider each defendant separately. Moreover, we have concluded above that the evidence was suffici…
• Rakovich v. Wade, 850 F.2d 1180 (7th Cir. 1988)
  …laintiff’s burden of establishing that the substantial or motivating factor was retaliation is a burden of persuasion, which he must prove by a preponderance of the evidence. See Nekolny v. Painter, 653 F. 2d 1164, 1168 (7th Cir.1981), cert. denied, 455 U.S. 1021, 102 S.Ct. 1719, 72 L.Ed.2d 139 (1982). The plaintiff’s burden is not so facile that he can carry it by showing “only that elimination of the protected activity may have been welcomed by the defendant or even that such activity played some minor rol…