News & Analysis as of

Disparate Treatment Adverse Employment Action Employment Discrimination

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

Poyner Spruill LLP on

Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Miller Canfield

No More Extra Hurdles: Court Strikes Down Title VII Bias Rule

Miller Canfield on

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual based on race, color, religion, sex, or national origin. But does that protection apply equally to white, male, or...more

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

Conn Maciel Carey LLP on

Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

Epstein Becker & Green on

As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Saul Ewing LLP

DC Circuit Clarifies Employer’s Burden to Demonstrate A “Legitimate, Nondiscriminatory Reason" For Taking an Adverse Employment...

Saul Ewing LLP on

WHAT HAPPENED: Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden an employer faces to defend against an allegation of disparate treatment...more

Zelle  LLP

Recognizing and Managing Disparate Impact Issues

Zelle LLP on

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and...more

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