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Reply Brief For Petitioner. Paske V. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs Lexis 3941, 2015 Wl 6748880, Eric Schnapper, Margaret A. Harris

Court Briefs

QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to …

Brief For Respondents. Tyson Foods, Inc. V. Bouaphakeo, 136 S.Ct. 1036 (2016) (No. 14-1146), 2015 Wl 5634431, David C. Frederick, Derek T. Ho, Matthew A. Seligman, Robert L. Wiggins Jr., Scott Michelman, Scott L. Nelson, Allison M. Zieve, Eric Schnapper

Court Briefs

QUESTIONS PRESENTED

1. Whether, in this class and collective action for wage-and-hour violations arising out of an employer's failure properly to compensate employees for time spent donning and doffing protective equipment and walking between sites where work was performed, the district court abused its discretion in granting certification where plaintiffs proceeded to prove the amount of work they did using individual timesheet evidence and representative proof concerning donning, doffing, and walking times in accordance with Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946).

2. Whether a class or collective action may be certified when it contains members …

Petition For A Writ Of Certiorari. Paske V. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs Lexis 2659, 2015 Wl 4651685, Eric Schnapper, Margaret A. Harris

Court Briefs

QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to …

Brief Amicus Curiae For The National Employment Lawyers Association In Support Of Petitioner. Green V. Brennan, 136 S.Ct. 1769 (2016) (No. 14-613), 2015 Wl 4381189, Roberta L. Steele, Eric Schnapper

Court Briefs

No abstract provided.