Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more
The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more
The Minnesota Supreme Court recently reaffirmed the use of the familiar McDonnell Douglas burden-shifting framework to analyze claims of retaliation under Minnesota law, despite the ask by the plaintiff-appellant and amici to...more
On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more
What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more