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Discrimination › Substantial Motivating Factor Test

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 -
Jackson Lewis P.C.

Supreme Court: § 1981 Suits Require Plaintiffs To Show Bias Is ‘But For’ Cause of Injury

Jackson Lewis P.C. on

Resolving a split among the federal circuit courts on the issue, the U.S. Supreme Court has decided that a plaintiff bringing suit under 42 U.S.C. § 1981 bears the burden of showing that the plaintiff’s race was a “but for”...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Finds Employees Must Show Discrimination Was A “Substantial Motivating Factor”

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Alamo v. Practice Management Information Corp., No. B230909 (September 5, 2013): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of...more

Sherman & Howard L.L.C.

Supreme Court Applies “But-For” Standard To Title VII Retaliation Claims

Sherman & Howard L.L.C. on

Also on June 24, 2013, the Supreme Court addressed the standard courts should apply to determine whether an employer violates Title VII's anti-retaliation provision. Because of a statutory amendment in 1991, courts apply a...more

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