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Burden of Proof › Employment Discrimination › Corporate Counsel

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Jackson Lewis P.C.

Setting Evidentiary Standards: What Employers Need to Know After Puerto Rico Supreme Court’s Employment Discrimination Ruling

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

Proskauer - California Employment Law on

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

Parker Poe Adams & Bernstein LLP on

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

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