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Employer Liability Issues › Supreme Court of the United States › Burden-Shifting

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

Fisher Phillips on

The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Fisher Phillips

SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

Fisher Phillips on

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more

FordHarrison

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

FordHarrison on

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

Bradley Arant Boult Cummings LLP

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

Bradley Arant Boult Cummings LLP on

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

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