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Hiring & Firing › Burden-Shifting

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Troutman Pepper

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Troutman Pepper on

Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Seyfarth Shaw LLP

The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

Seyfarth Shaw LLP on

In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more

Littler

McDonnell Douglas Lives Another Day: A Win for Employers at the Minnesota Supreme Court

Littler on

The Minnesota Supreme Court recently reaffirmed the use of the familiar McDonnell Douglas burden-shifting framework to analyze claims of retaliation under Minnesota law, despite the ask by the plaintiff-appellant and amici to...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Sets Framework for Whistleblower Retaliation Claims

Manatt, Phelps & Phillips, LLP on

A territory manager for paint and coatings manufacturer PPG Architectural Finishes, Wallen Lawson was responsible for stocking and merchandising PPG paint products in Lowe’s home improvement stores in Southern California....more

FordHarrison

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison on

On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under the McDonnell...more

Proskauer - Labor Relations Update

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

Proskauer - Labor Relations Update on

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Direct vs. Circumstantial Evidence in Discrimination Case

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Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden...more

Zuckerman Spaeder LLP

Fifth Circuit Derails Reverse Discrimination Claims Against Amtrak

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White male discontent has been a major media talking point since the presidential election, and even long before. This talking point has made its way into the workplace, where tech firms are now being targeted for allegedly...more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

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Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

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Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Zuckerman Spaeder LLP

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

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When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...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

Mintz - Employment, Labor & Benefits...

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Mintz - Employment, Labor & Benefits... on

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Carlton Fields

Mississippi Federal Court Decision Shows Degree Of Burden To Challenge Arbitration Award

Carlton Fields on

A decision of a Mississippi federal district court illustrates the weighty burden that a party must carry in order to vacate an arbitration award. The dispute was over an executive terminated from a company and whether his...more

Obermayer Rebmann Maxwell & Hippel LLP

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

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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

Pullman & Comley, LLC

Just Give Me a Reason: Court Clarifies Burden-Shifting Standards

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With apologies to P!nk (and her hit, “Just Give Me a Reason”), a new court decision gives new meaning to the phrase. Before we get to that, longtime readers of the blog will no doubt be familiar with the...more

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