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Burden of Proof Discrimination

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

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

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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

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

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For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

K&L Gates LLP

Oregon Employment Legislation to Keep an Eye on This Year

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As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims...more

Tonkon Torp LLP

What The 2021 Oregon Legislature Has In Store For Employment Law

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The Oregon Legislature has now begun to meet for the 2021 Regular Session. We want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any,...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

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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

Cohen Seglias Pallas Greenhall & Furman PC

Disparate Impact is Here to Stay: What the Supreme Court's Decision Means for the Multi-Family Industry

On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project. In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims. Prior...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

PilieroMazza PLLC

OHA Ruling Shows Danger in Proposed SBA Rule

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As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. ...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Polsinelli

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

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The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2014

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This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Issues Employer-Friendly Decision on Mixed-Motive Defense

On February 7, 2013, the California Supreme Court issued a unanimous opinion in Harris v. City of Santa Monica. The California high court upheld the “mixed-motive” defense in cases brought under California’s Fair Employment...more

Hinshaw & Culbertson LLP

Why Employers Need To Keep Adequate Records

Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who...more

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