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Archive for the 'Discrimination Proof and Evidence' Category

Four Supreme Court Employment Decisions in One Day!

Thursday, June 19th, 2008

Score that employees 2, employers 2. High Court rules: disability retirement program did not discriminate on age; employer has burden of proving reasonable factor other than age in age discrimination disparate impact cases; insurer conflict of interest is factor to consider in ruling on ERISA plan claims denials; California regulation of union-related activities of state-funded employers ispreempted by National Labor Relations Act.

Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court

Sunday, March 16th, 2008

In its recent unanimous decision in Sprint v. Mendelsohn, the Supreme Court largely dodged the tough issue before it: admissibility of “me-too” evidence in discrimination cases — testimony of other employees who believed they too had been discriminated against.

The trial court had excluded such evidence at trial, and Sprint had prevailed. On appeal, two Tenth Circuit judges voted to reverse and order a new trial on the basis that the trial court should have allowed this evidence, but the third judge on the panel wrote a strong dissent supporting its exclusion.

The Supreme Court reversed, sending the case back to the trial court for further explanation of its exclusion of the “me-too” evidence. Its brief and unanimous opinion failed to provide a clear answer. Instead, it provided what may be viewed as a non-answer, indicating that “me-too” evidence may or may not be admissible, depending on many factors.

St. Louis-Based Company Attracts Gen. Y Grads — and Used Car Customers

Saturday, December 15th, 2007

Shopping for a used car, I came across a company that seems to be doing the right things to attract the new generation of employees — “Gen Y” — including creating an appealing, interactive, and information-packed career website.

Proving Discrimination: Back to Basics

Monday, September 24th, 2007

I’m writing a series of monthly columns for Kennedy Information’s newish online publication, Recruiting Trends.

The first installment, logically enough, was “Can Recruiters Be Liable for Employment Discrimination?” (if you don’t know the answer, read it!)

Today Recruiting Trends published my second installment online. It is entitled “What Does Climbing the St. Louis Arch have to [...]

Authoritative Summary of Law on Family Responsibilities Discrimination

Monday, July 9th, 2007

We’ve written before about the increased interest in what is being called “Family Responsibilities Discrimination”:

Family Responsibilities Discrimination? EEOC Issues Guidance on Family Responsibilities Discrimination

Mommified: Social Science Evidence of Discrimination Against Mothers

Legally speaking, family responsibility discrimination does not involve a new form of prohibited discrimination in the workplace, but [...]

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