I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more
The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more
“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more