Kelley v. Sun Microsystems, Inc.’s Empirical Analysis
2007
Citation profile
4 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 631 (§ 12 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Reeves v. Sanderson Plumbing Products, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the outset, a plaintiff can avoid dismissal by presenting the “minimal” pri-ma facie case defined by the Supreme Court in McDonnell Douglas. This requires no evidence of discrimination.... By making out this “minimal” prima fa-cie case, even without evidence of discrimination, the plaintiff creates a presumption that the employer unlawfully discriminated, ... and thus places the burden of production on the employer to proffer a nondiscriminatory reason for its action. On the other hand, once the employer articulates a non-discriminatory reason for its actions, ... the presumption completely drops out of the picture.... The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated ... remains at all times with the plaintiff.... Thus, once the employer has proffered its nondiscriminatory reason, the employer will be entitled to summary judgment (or to the overturning of a plaintiffs verdict) unless the plaintiff can point to evidence that reasonably supports a finding of prohibited discrimination.”
1 later decision quote this exact passage · from the majority“[c]ommission is earned on direct business and considered due and payable to any participant in the commission plan upon revenue recognition and receipt by [the defendant] of full payment for all commissionable products.”
1 later decision quote this exact passage · from the majority“signed by the client, two levels of management and the area controller for that fiscal year. Id. As the employee did not have a goal sheet for that fiscal year, relying on Mytych , the District Court was”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.