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Article Index » title vii » evidence » Non-Decision Makers: Actions of
Report Link Supreme Court Will Weigh In on Evidence Used to Show Discrimination In Layoff.
Jackson Lewis LLP - June 28, 2007
The United States Supreme Court has agreed on June 11, 2007, to review a federal appeals court decision in Denver requiring trial courts to allow testimony of non-party former employees alleging discrimination by supervisors who played no role in the action challenged by the plaintiff to show that discrimination against older workers pervaded the workplace and to persuade jurors that plaintiff's layoff also was discriminatory.
Report Link Decisionmakers: Independently Investigate Reports of Employee Misconduct from Lower-Level Managers (pdf).
Vedder Price - August 04, 2006
Reports of employee misconduct from a manager without authority to impose discipline are considered by some employers to be a risk-free basis for disciplining the employee. The decisionmaker need only show that he reasonably believed the manager’s report and acted accordingly. Whatever bias may have prompted the manager to act is not imputed to the decisionmaker unless he knows of the bias.

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