TENNESSEE VALLEY AUTHORITY ET AL.
v.
ALCO STANDARD CORP.

U.S. | 1987-09-09
No. 86-1878
483 U.S. 1052 Supreme Court of the United States (1987) Positive Treatment
Cited by 21 cases

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Cited By (20 total)

  • Turner v. Schering-Plough Corp., 901 F.2d 335 (3d Cir. 1990)
    …50 U.S. 248, 252-53, 101 S.Ct. [*342] 1089, 1093-94, 67 L.Ed.2d 207 (1981). This court has adopted the Burdine approach for use under the ADEA. See, e.g., Chipollini v. Spencer Gifts, Inc., 814 F. 2d 893, 897-98 (3d Cir.) (in banc), cert. dismissed, 483 U.S. 1052, 108 S.Ct. 26, 97 L.Ed.2d 815 (1987). To make out a prima facie case, a discharged employee in an age discrimination case must show: (1) that he belongs to the protected class, i.e., is older than forty; (2) was qualified by training and experience…
  • Lockhart v. Westinghouse Credit Corp., 879 F.2d 43 (3d Cir. 1989)
    …pp. IV 1986). Under the ADEA, the plaintiff has the ultimate burden of proving that age was the determinative factor in his or her discharge from employment. Chipollini v. Spencer Gifts, Inc., 814 F. 2d 893, 897 (3d Cir.) (in banc), cert. dismissed, 483 U.S. 1052, 108 S.Ct. 26, 97 L.Ed.2d 815 (1987). Age need not be the sole factor, but it must have “made a difference in the [employer’s] decision.” Id. The plaintiff can prevail on his or her claim by proffering direct evidence of specific intent to discrimin…
  • …animus ... plaintiffs ultimate burden of persuasion includes the requirement to show that the defendant’s proffered reason is a pretext for discrimination.” Chipollini v. Spencer Gifts, Inc., 814 F. 2d 893, 898 (3d Cir.) (in banc), cert. dismissed, 483 U.S. 1052, 108 S.Ct. 26, 97 L.Ed.2d 815 (1987). In their second, more narrow, challenge to the sufficiency of the evidence to support the verdict, the defendants argue that even if the evidence of the difference in age between Bruno and Dietrich was sufficien…

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