Manzer v. Diamond Shamrock Chemicals
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The other reviewed opinions continued to apply Manzer's three interrelated pretext showings, treating them as convenient and non-rigid ways to organize evidence. Their adverse history parentheticals consistently reported Gross's already-listed treatment—often through Geiger v. Tower Automotive—or treatment of another authority.
556 later cases cite Manzer v. Diamond Shamrock Chemicals; 139 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Manzer v. Diamond Shamrock Chemicals?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court abrogated Manzer's rule shifting the burden of persuasion to the employer when an ADEA plaintiff presents direct evidence of age discrimination.
Gross v. FBL Financial Services, Inc. · Supreme Court of the United States · filed
We hold that a plaintiff bringing a disparate-treatment. claim pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action.
Read the full opinion on CourtListener →
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