Can an employer present a legitimate nondiscriminatory reason to rebut a plaintiff's claim?
MultiRegion, United States of America
The following excerpt is from Gerdom v. Continental Airlines, Inc., 692 F.2d 602 (9th Cir. 1982):
Where as here an employer cannot state a legitimate nondiscriminatory reason to rebut a plaintiff's prima facie case, a reviewing court may conclude, as we do in this case, that discrimination has been established as a matter of law, based on the plaintiff's initial showing. Muntin v. State of Cal. Parks and Recreation Dept., 671 F.2d 360, 362 (9th Cir.1982).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What legitimate reasons are legitimate reasons for an adverse employment action? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has raised a genuine issue of fact as to whether an employer's nondiscriminatory reasons were pretextual? (MultiRegion, United States of America)
When will a plaintiff have to present his claims to the courts in a context in which they would be considered on the merits of the claim? (MultiRegion, United States of America)
Is a class action settlement that pays more for federal claims than for state law claims reasonable? (MultiRegion, United States of America)
If a plaintiff loses a claim against the municipality on the merits of their constitutional claim, can the municipality still be liable? (MultiRegion, United States of America)
What is the test for a plaintiff to have a nondiscriminatory "bottom line" as a defense against a disparate impact claim? (MultiRegion, United States of America)
What is the burden of proving that an employer's reason was a pretext for discrimination in an employment action? (MultiRegion, United States of America)
What is the limitation period for a plaintiff to bring a claim against a defendant who has retired from the claim? (Canada (Federal), Canada)
Is there any case law in which a claim that a claim made by a plaintiff is "incredible or defies physical reality"? (MultiRegion, United States of America)
