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As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more
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
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
A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...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
On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where...more