News & Analysis as of

McDonnell Douglas Formula Corporate Counsel

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

K&L Gates LLP

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

K&L Gates LLP on

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

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

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Be Watching in 2022

Jackson Lewis P.C. on

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

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

Seyfarth Shaw LLP

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more

Foley & Lardner LLP

Seventh Circuit Ditches “Convincing Mosaic” Standard in Employment Cases

Foley & Lardner LLP on

In the past, we have counseled our clients on steps they can take to avoid creating a “convincing mosaic” of employment discrimination. The Seventh Circuit Court of Appeals first discussed the convincing mosaic of...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

Proskauer - Law and the Workplace

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

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