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Discrimination › McDonnell Douglas Formula

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Alston & Bird

California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Suits

Alston & Bird on

Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims. The case centers on the proper method for presenting and...more

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

Genova Burns LLC on

Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...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

Obermayer Rebmann Maxwell & Hippel LLP

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Obermayer Rebmann Maxwell & Hippel LLP on

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

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