News & Analysis as of

Burden of Proof Employment Discrimination

Fox Rothschild LLP

NJ Division on Civil Rights Proposes Rule Clarifying Disparate Impact Discrimination

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The New Jersey Division on Civil Rights (DCR) recently issued a proposed rule which, if adopted, would codify and set forth the legal standard required in disparate impact claims brought under the New Jersey Law Against...more

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Cranfill Sumner LLP

Burden of Proof: Fourth Circuit Reaffirms that Employees Must Show Discriminatory Intent

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One of the most important decisions in employment discrimination law this year remains the Fourth Circuit Court of Appeals’ decision in Balderson v. Lincare Inc., in which the Court reiterated that Title VII plaintiffs (and...more

Dentons

It’s All in the Job: Iowa Supreme Court Clarifies Employee’s Burden of Proof in Disability Discrimination Actions

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The Iowa Supreme Court’s recent decision in Rumsey v. Woodgrain Millwork, Inc., et. al provides needed clarity in what the court described as the “murky” intersection between workers’ compensation and disability...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

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The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

Littler

OFCCP Issues Final Rule Outlining Procedures for Resolving Employment Discrimination

Littler on

For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

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The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

Butler Snow LLP

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

Butler Snow LLP on

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

Proskauer - Law and the Workplace

New York State Set to Further Expand Protections Against Workplace Harassment

New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more

Harris Beach PLLC

New York State Legislature Passes Major Legislation Expanding Definition of Unlawful Discrimination and Harassment

Harris Beach PLLC on

In the closing days of its session, the New York State Legislature has passed sweeping changes to New York’s employment discrimination and harassment law. Major amendments to the state’s Human Rights Law significantly lower...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

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A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Proskauer - Law and the Workplace

Massachusetts SJC Holds Employers’ Denials of Lateral Transfers May Be Adverse Actions in Discrimination Cases

Massachusetts employers’ decision-making processes with regards to lateral, internal employee transfers are now subject to possible state law discrimination claims. On January 29, 2019, the SJC issued its decision in Yee v....more

Hogan Lovells

Employment News - December 2017

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In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more

Fisher Phillips

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Fisher Phillips

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Lathrop GPM

Sweeping Changes to the Missouri Human Rights Act – Back to the Mainstream

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For more than a decade, employment discrimination plaintiffs in Missouri have benefited from a lower burden of proof than plaintiffs in federal court or other states. With no statutory cap on compensatory and punitive...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...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

Seyfarth Shaw LLP

EEOC Loses Landmark Transgender Discrimination Case

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Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Mintz - Employment, Labor & Benefits...

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

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