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McDonnell Douglas Formula

FordHarrison

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

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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

Akerman LLP - HR Defense

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

Littler on

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

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

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

ArentFox Schiff

California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims

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In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5....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

Haight Brown & Bonesteel LLP

Employees No Longer Need to Satisfy McDonnell Douglas Test for Whistleblower Retaliation Claims

The California Supreme Court issued an opinion in Lawson v. PPG Architectural Finishes, Inc. (S266001, Jan. 27, 2022), addressing the Ninth Circuit’s question of the proper method for presenting and evaluating a claim of...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Sets Framework for Whistleblower Retaliation Claims

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

K&L Gates LLP

California Supreme Court Establishes Employee-Friendly Standard for Whistleblower Retaliation Cases

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On 27 January 2022, the California Supreme Court answered a question certified to it by the Ninth Circuit: whether whistleblower claims under California Labor Code section 1102.5 are governed by the burden-shifting test for...more

ArentFox Schiff

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

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The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Perkins Coie

CA Supreme Court Clarifies Standard for Whistleblower Retaliation Claims Under Labor Code Section 1102.5

Perkins Coie on

The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more

BakerHostetler

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

BakerHostetler on

On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more

Akerman LLP - HR Defense

California Supreme Court Clarifies Whistleblower Retaliation Standard

California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

Stokes Wagner on

The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more

Hinshaw & Culbertson - Employment Law...

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California...more

Fisher Phillips

California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims

Fisher Phillips on

The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more

Procopio, Cory, Hargreaves & Savitch LLP

California Supreme Court Makes It Easier For Whistleblowers to Prove Retaliation

The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to 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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims

In Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not...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

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Be Watching in 2022

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The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s...more

Bradley Arant Boult Cummings LLP

Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment

On March 21, 2021, the United States Court of Appeals for the Second Circuit held en banc in Francis v. Kings Park Manor, Inc., et al. (Francis II) that landlords, who do not have discriminatory intent, are not liable under...more

Kelley Drye & Warren LLP

It is Now Easier For Federal Workers to Prove Age Bias

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

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