I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
We have written in the past about how important it is for an employer to be accurate in articulating its reason for terminating an employee. For example, if an employer is terminating an employee for poor performance, the...more
In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more
Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more
The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more
In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more