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The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more
Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more
The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more
On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more
Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more
On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more
On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more
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