News & Analysis as of

Burden-Shifting Employment Discrimination

Akerman LLP - HR Defense

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

Littler on

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

FordHarrison

Eleventh Circuit Raises Bar for Employers Seeking Summary Judgment in Discrimination Cases

FordHarrison on

On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where...more

Proskauer - Labor Relations Update

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Foley & Lardner LLP

Seventh Circuit Ditches “Convincing Mosaic” Standard in Employment Cases

Foley & Lardner LLP on

In the past, we have counseled our clients on steps they can take to avoid creating a “convincing mosaic” of employment discrimination. The Seventh Circuit Court of Appeals first discussed the convincing mosaic of...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seyfarth Shaw LLP

Un-Mixing The Mixed-Motive Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor...more

Mintz - Employment, Labor & Benefits...

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Spilman Thomas & Battle, PLLC

The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision...

In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more

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