The Same Actor Inference
Thomas P. Brady of Brady, Hathaway, Brady & Bretz, P.C.
In recent years, many courts have adopted the same actor inference in discrimination cases.
National Origin Discrimination--42. U.S.C. ?2000e.
William F. Frey of Honigman Miller Schwartz and Cohn LLP
Plaintiff filed suit against her former employer alleging violations under Title VII of the Civil Rights Act of 196.
The Problem of Shifting, Inconsistent Explanations
Michael A. Zody of Parsons Behle & Latimer
A recent decision by the United States Court of Appeals for the Tenth Circuit (which has jurisdiction over claims arising in Utah federal court), reminds employers of the risks they face when they present shifting explanations for their employment decisions.ÃÂ In Juarez v. ACS Gov't. Solutions Group, Inc., the plaintiff-employee alleged he was terminated because of his race, color and national origin in violation of Title VII.
Reeves v. Sanderson Plumbing Products, Inc.--What Impact Will It Have? Maybe None
Tracey R. Wallace of Adorno Yoss White & Wiggins
This article discusses the impact of Reeves v. Sanderson Plumbing Products, Inc. upon the burden shifting analysis in employment discrimination cases.
Supreme Court Decision Highlights Need for Employer Anti-Discrimination Policies
David A. Anderson of Parsons Behle & Latimer
Last month the U.S. Supreme Court issued an opinion further clarifying the rules courts must use in deciding employment discrimination cases. The Court's decision, Reeves v. Sanderson Plumbing Products, Inc., also underscores the need for employers to adopt anti-discrimination policies and to ensure, through training, that they are understood and followed.
What Should I Take Into Consideration Before Terminating an Employee?
Ryan, Swanson & Cleveland, PLLC
When the personnel department looks at a request for termination, it must fit the questions considered to the circu.
U.S. Supreme Court Clarifies Evidence Needed To Sustain Jury Verdicts in Employment Discrimination Cases
Bodman LLP
In Reeves v Sanderson Plumbing Products, Inc (June 12, 2000), the U.S. Supreme Court, in a unanimous opini.
The Truth Shall Set You Free, But Fib and You May Fail
Angella Renee Hebert of Thompson, Coe, Cousins & Irons, LLP
This article reviews Reeves vs. Sanderson Plumbing Products, Inc. whereby the Supreme Court held that a plaintiff might succeed if the employer?s reason for termination is not believed. In other words, if an employer is not honest when firing an employee, discrimination may well be the most likely alternative, especially since the employer is in the best position to put forth the actual reason for its decision.
Proof of Discriminatory Motive in Title VII Case
Paul, Hastings, Janofsky & Walker LLP
Godwin v. Hunt-Wesson, No. 96-56830, 1998 WL 461918 (9th Cir., August 11, 1998). Acknowledging.
English-Only in a Diverse Workplace: One Language, Different Realities
William P. Burns of Broad and Cassel
Few contemporary issues in the American workplace are more sensitive and controversial than an employer's requireme.
Discipline and Discharge in Litigious Times
Benton J. Mathis of Freeman Mathis & Gary, LLP
Employment related lawsuits have continued to increase at an unprecedented rate throughout the pas.
Michigan Supreme Court Decides Three Important Cases
Dykema Gossett PLLC
In Town v Michigan Bell Telephone Co, the Michigan Supreme Court recently upheld the dismissal of age and sex discr.
Recent Developments in Lending Discrimination Law
Gary C. Tepper and Samuel K. Charnoff of Arent Fox LLP
This article reviews both federal and state lending discrimination statutes as well as what constitutes direct and indirect evidence of discrimination. Moreover, this article examines Crawford v. Signet, a recent decision by the D.C. Circuit, whereby the court raised the plaintiff's burden of proof in lending discrimination actions.
Top Five Myths In The Workplace
Songstad & Randall
Employers often share misconceptions about laws related to the workplace. Here are the top 5 workplace myths: My.
Race Discrimination: Recent Cases About Shifting Burdens of Proof
Parsons Behle & Latimer
Two recent decisions from the Tenth Circuit Court of Appeals (which has jurisdiction over cases from Utah), Martinez v. State of Wyoming and Griffis v. City of Norman, Oklahoma, discuss the evidentiary showing that a victim of alleged racial discrimination in hiring and/or promotion must make in order to survive a defendant employer's motion for summary judgment.