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Retaliation

Supreme Court Implies Retaliation Prohibition Twice in One Day

Written on 28 May, 2008 at 0:19

As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also... (Continue reading)

Supreme Court Retaliation Decision: How Much Difference Will it Make when the Dust Settles?

Written on 26 Jun, 2006 at 23:25

I have twice written on the background leading to last week’s Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White, the retaliation case involving a female forklift driver: “High Court to Hear Workplace Retaliation Case” “Supreme Court Hears... (Continue reading)

Discrimination Proof 101 — Indirect Evidence Prima Facie Case

Written on 18 May, 2006 at 9:58

Often I read a new decision by a federal court of appeals and the outcome seems to be such an obvious application of well-established principles of employment law that I wonder why the case was even appealed. In significant part, this... (Continue reading)

Supreme Court Hears Argument in Retaliation Case

Written on 18 Apr, 2006 at 23:03

Yesterday, the Supreme Court heard oral argument in Burlington Northern & Santa Fe R. Co. v. White, which we previewed in an earlier post, when the Court granted cert. At that time, I was commenting based on media reports... (Continue reading)

How Can A Plaintiff Establish Unlawful Retaliation, Yet Win No Damages?

Written on 11 Apr, 2006 at 22:08

A recent case decided by the 8th Circuit U.S. Court of Appeals illustrates what a high stakes gamble an employment case trial is for both sides. A wide range of outcomes are possible. These include a defense verdict... (Continue reading)

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