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Burden of Proof › Title VII › Summary Judgment

Herbert Smith Freehills Kramer

The Supreme Court rejects a heightened summary judgment standard for majority group plaintiffs in Title VII discrimination cases

Herbert Smith Freehills Kramer on

On June 5, 2025, the U.S. Supreme Court unanimously ruled in Ames v Ohio Dept. of Youth Services that plaintiffs in the majority group within a protected class have the same burden of proof at summary judgment to demonstrate...more

Jackson Lewis P.C.

U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Jackson Lewis P.C. on

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and...more

Jackson Lewis P.C.

California Supreme Court Agrees To Answer Question About Employment Retaliation

Jackson Lewis P.C. on

Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question...more

Kelley Drye & Warren LLP

Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision

Kelley Drye & Warren LLP on

In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Adopts Lower Burden for Plaintiffs to Survive Summary Judgment on Retaliation Claims

Parker Poe Adams & Bernstein LLP on

In its 2013 Nassar decision, the U.S. Supreme Court determined that plaintiffs who allege workplace retaliation under Title VII and related statutes must demonstrate that the retaliatory animus is a “but for” cause of the...more

Littler

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

Littler on

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

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