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31 Mar 2015, 11:00 am by Dan Ernst
SchwimmerMegan ThrelkeldJustices Douglas and Whittaker in Meyer v. [read post]
31 Mar 2015, 8:01 am by Lyle Denniston
., advocate, Douglas-Hallward-Driemeier, will handle the second question: can states be required to recognize existing same-sex marriages performed in other states for residents of a state that bans such unions? [read post]
31 Mar 2015, 6:19 am by Courtney Hostetler
This three-step legal test is known as the McDonnell Douglas burden-shifting framework. [read post]
31 Mar 2015, 1:53 am by INFORRM
After conducting a survey of the classifications used in the authorities including Campbell v MGN [2004] AC 457, Douglas v Hello! [read post]
30 Mar 2015, 1:41 pm by Theodore T. Eidukas
The court, therefore, rejected a per se argument and concluded that a pregnant worker seeking to show disparate treatment must satisfy the McDonnell Douglas Corp. v. [read post]
30 Mar 2015, 10:58 am by Rachel Tischler and Brian DeShannon*
” The Court rejected both arguments and, instead, held that the familiar McDonnell Douglas burden-shifting framework must be applied to Young’s claims while revising the pretext portion of the analysis. [read post]
30 Mar 2015, 8:09 am by Tom Smith
It seems like they are now at a level of big which was best described by Douglas Adams in the Hitchhiker’s Guide. [read post]
29 Mar 2015, 3:22 am by Paul Caron
This week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's: [366 Downloads] Why Corporate Tax Reform Can Happen, by Edward Kleinbard (USC) [239 Downloads] Cancellation of Debt and Related Transactions, by Douglas A. [read post]
28 Mar 2015, 2:00 pm by Legal Skills Prof
In a recent article in the Missouri Bar Association’s publication, “Precedent,” Professor Douglas Abrams discusses five rules on writing that noted historian Barbara Tuchman offered. [read post]
28 Mar 2015, 8:24 am by Melissa Raphan
To support her prima facie case under McDonnell Douglas, Young relied on evidence that UPS accommodated workers who lost their certifications, sustained on the job injuries, and suffered from disabilities under the ADA. [read post]
27 Mar 2015, 8:12 am by Leiza Dolghih
Instead, the Court held that an employee who asserts a disparate treatment claim under the Pregnancy Discrimination Act, should have her claim analyzed under the McDonnell Douglas burden-shifting analysis.In a nutshell, the analysis works like this: 1. [read post]
27 Mar 2015, 7:17 am by Kathy Kreps
Rather, the Court announced a new standard for pregnancy discrimination, finding that under the traditional McDonnell Douglas burden-shifting approach, when it comes time for the plaintiff to show pretext: “We believe that the plaintiff may reach a jury on this issue by providing sufficient evidence that the employer’s policies impose a significant burden on pregnant workers, and that the employer’s ‘legitimate, nondiscriminatory’ reasons are not… [read post]
26 Mar 2015, 10:36 am by Jason Shinn
Specifically, in a 6-3 opinion, the Court came up with essentially a variation of the McDonnell Douglas analysis – a bedrock employment law shifting burdens test – that is to be applied to pregnancy accommodation claims. [read post]
26 Mar 2015, 9:30 am by Michael J. Riccobono and Kelly Ann Bird
While the Court did not determine whether the employee suffered any actual discrimination, or whether UPS’s policy was impermissible under the PDA – those issues were remanded to the Fourth Circuit – the Court did adopt a modified version of the familiar burden-shifting framework of McDonnell Douglas for analyzing pregnancy discrimination claims under the PDA. [read post]
26 Mar 2015, 3:36 am
Majority HoldingJustice Breyer tells us to just apply the McDonnell Douglas burden-shifting framework (well-known to any employment law practitioner). [read post]