McDonnell Douglas Corp. v. Green
The burden-shifting framework for proving discrimination with circumstantial evidence.
Practice Area Spotlight
Employment litigators use Midpage to research discrimination, retaliation, and harassment claims, wage-and-hour disputes, leave and accommodation issues, and NLRB enforcement. The statutes, regulations, and case law behind that work are collected below.
Browse to see how Midpage works through employment questions from real lawyers.
The statutes, regulations, agency materials, and courts behind employment litigation.
The federal acts governing the employment relationship — discrimination, wages and hours, leave, labor relations, and benefits — section by section.
| § 703 — Unlawful employment practices Discrimination because of race, color, religion, sex, national origin | 42 U.S.C. § 2000e-2 |
| § 704 — Retaliation Opposition and participation clauses | 42 U.S.C. § 2000e-3 |
| § 706 — Enforcement EEOC charges, right-to-sue, remedies | 42 U.S.C. § 2000e-5 |
| Damages caps & jury trial Compensatory and punitive damages under the 1991 Act | 42 U.S.C. § 1981a |
| § 1981 — Equal rights under law Race discrimination in contracts, incl. at-will employment | 42 U.S.C. § 1981 |
The CFR parts implementing DOL wage-and-hour rules, EEOC procedures, OFCCP contractor obligations, and NLRB practice.
| Part 541 — White-collar exemptions Salary basis, salary level, duties tests | 29 CFR Part 541 |
| Part 785 — Hours worked Waiting, on-call, travel, and training time | 29 CFR Part 785 |
| Part 778 — Overtime compensation Regular rate, bonuses, exclusions | 29 CFR Part 778 |
| Part 795 — Employee or independent contractor Economic-realities analysis | 29 CFR Part 795 |
EEOC guidance, NLRB, EEOC, and MSPB adjudications, and DOL Wage & Hour Division interpretations.
| EEOC Guidance Enforcement guidance on harassment, retaliation, accommodation | Guidance |
| EEOC Decisions Federal-sector appellate decisions, searchable alongside case law | Decisions |
| NLRB Decisions Board and ALJ unfair-labor-practice and representation rulings, searchable alongside case law | Decisions |
| MSPB Decisions Merit Systems Protection Board precedential and non-precedential decisions on federal-employee appeals, searchable alongside case law | Decisions |
| NLRB General Counsel MemorandaComing soon Prosecutorial priorities and remedial theories | Guidance |
| DOL Wage & Hour Division Opinion Letters FLSA, FMLA interpretations | Guidance |
| DOL Field Operations Handbook WHD investigation and enforcement standards | Guidance |
| OSHAComing soon Standards interpretations and enforcement letters | Guidance |
| DOL Administrative Review Board & OALJComing soon Whistleblower and contractor decisions | Decisions |
The appellate, trial, and administrative forums where employment disputes are heard — from the Supreme Court to the NLRB and EEOC.
| Appellate U.S. Supreme Court; all 13 federal circuits; state supreme and appellate courts (incl. California Courts of Appeal for wage-and-hour and PAGA) |
| Trial U.S. District Courts — including S.D.N.Y., N.D. Cal., C.D. Cal., N.D. Ill., S.D. Tex., and E.D. Pa., plus remaining federal district courts nationwide |
| Administrative National Labor Relations Board (Board and ALJ decisions), EEOC federal-sector decisions, and Merit Systems Protection Board decisions, searchable as courts in Midpage; DOL Administrative Review Board and OALJ coming soon |
The controlling authorities — linked to full text, treatment, and citing decisions in Midpage.
The burden-shifting framework for proving discrimination with circumstantial evidence.
Employer vicarious liability for supervisor harassment, subject to the two-part affirmative defense.
Retaliation covers any action that would dissuade a reasonable worker from complaining.
Title VII retaliation claims require but-for causation, not motivating factor.
FLSA exemptions get a fair reading, not narrow construction.
Class- and collective-action waivers in employment arbitration agreements are enforceable.
Discrimination because of sexual orientation or gender identity is sex discrimination under Title VII.
Individual PAGA claims can be compelled to arbitration; non-individual claims addressed by state law (see Adolph v. Uber).
Religious accommodation may be denied only for substantial increased costs — repudiating the de minimis reading of Hardison.
A transferred employee need show only some harm from a job transfer, not significant harm.
NLRB § 10(j) injunctions are governed by the traditional four-factor equitable test.
Employers must prove FLSA exemptions by a preponderance of the evidence, not clear and convincing proof.
Majority-group plaintiffs cannot be required to show “background circumstances” — Title VII standards are uniform.
The ADA does not cover post-employment benefits discrimination against retirees who neither hold nor seek a job.