Total Articles: 2
"But For?" What For? Standards of Proof in Federal Discrimination Cases Confuse Courts, Jurors, and Lawyers.
The Supreme Court’s recent decision in Gross v. FBL Financial Services, Inc., illustrates the often confusing and conflicting standards that apply when a plaintiff claims that an employment decision was discriminatory.
No Heightened Evidentiary Burden Is Imposed In A Title VII Mixed-Motive Case.
The Ninth Circuit ruled that the jury was properly instructed that it could find for the employee if it decided that her sex was a motivating factor for her termination, even if there were other lawful reasons for her termination.
