Mooney v. Aramco Services Co.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Direct review of Desert Palace, Inc. v. Costa confirms that a Title VII plaintiff need not present direct evidence to obtain a mixed-motive instruction, abrogating Mooney's contrary direct-evidence rule. No other citing opinion independently treated Mooney adversely; the remaining opinions applied its unaffected FLSA and ADEA holdings or merely reported the Desert Palace history. Later Fifth Circuit opinions also explained that Mooney had avoided adopting the Lusardi collective-action method, rather than rejecting a Mooney holding.
451 later cases cite Mooney v. Aramco Services Co.; 149 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 Mooney v. Aramco Services Co.?
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 Mooney's rule requiring direct evidence before a Title VII plaintiff may obtain a mixed-motive instruction.
Desert Palace, Inc. v. Costa · Supreme Court of the United States · filed
The question before us in this case is whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991 (1991 Act). We hold that direct evidence is not required.
Read the full opinion on CourtListener →
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