Michael Newman

Michael Newman

Hinshaw & Culbertson LLP

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Retaliation Under Title VII Must Be Proven Under Traditional “But For” Causation Doctrine

Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with...more

7/12/2013 - But For Causation Civil Rights Act Harassment Retaliation Title VII UT Southwestern Medical v Nassar

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

5/8/2013 - Attorney's Fees Discrimination Mixed Motive Cases Retaliation Title VII

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

1/15/2013 - Disability Discrimination Discrimination FEHA Harassment Hiring & Firing Intentional Infliction of Emotional Distress Retaliation Termination

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