ORUM

v.

CALIFORNIA

Citator

Cited By (25 total)

• Price Waterhouse v. Hopkins, 490 U.S. 228 (U.S. 1989)
  …an adverse employment decision to show that, but for her gender (or race or religion or national origin), the decision would have been in her favor. See, e. g., Bellissimo v. Westinghouse Electric. Corp., 764 F. 2d 175, 179 (CA3 1985), cert. denied, 475 U. S. 1035 (1986); Ross v. Communications Satellite Corp., 759 F. 2d 355, 365-366 (CA4 1985); Peters v. Shreveport, 818 F. 2d 1148, 1161 (CA5 1987); McQuillen v. Wisconsin Education Assn. Council, 830 F. 2d 659, 664-665 (CA7 1987). The First, Second, Sixth,…
• Glenn v. Gen. Motors Corp., 841 F.2d 1567 (11th Cir. 1988)
  …, 308-12 (7th Cir.1986). We recognize that the Fifth Circuit no longer adheres to Jiffy June, a decision binding on us in the Eleventh Circuit. In Salazar-Calderon v. Presidio Valley Farmers Association, 765 F. 2d 1334 (5th Cir.1985), cert. denied, 475 U.S. 1035, 106 S.Ct. 1245, 89 L.Ed.2d 353 (1986), the Court, in a case not involving the FLSA or a statute of limitations issue, remarked that Thurston overturned Jiffy June's definition of willful. Id. at 1345. Seizing on this language, the Court held in Pet…
• Jackson v. Univ. OF Pittsburgh, 826 F.2d 230 (3d Cir. 1987)
  …only show that he [or she] was fired from a job for which he [or she] was qualified while others not in the protected class were treated more favorably____ Proof of discharge will establish a prima facie showing in a Title VII suit.”), cert. denied, 475 U.S. 1035, 106 S.Ct. 1244, 89 L.Ed.2d 353 (1986). Jackson, in other words, carried his “initial burden of showing actions taken by the employer from which one can infer, if such actions remain unexplained, that it is more likely than not that such actions wer…