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Plaintiff

The person who starts a case. The other person is called the defendant.

Question: What must a plaintiff prove for a workplace discrimination case to succeed? Please locate online a news article where a plaintiff has filed a workplace discrimination suit. Briefly discuss the facts of the case and the laws that have allegedly been violated.

Answer: In Gross, the Court held that a plaintiff bringing a claim under the Age Discrimination in Employment Act (ADEA) must show by a preponderance of the evidence that age was the “but for” cause of the employer’s adverse employment decision. An employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision. Thus, the Court decided, the burden-shifting framework in mixed motive Title VII cases does not apply to age discrimination claims under the ADEA. Although a positive ruling for employers, Miller criticized this decision in a press release, stating: “The Supreme Court’s ruling will make it even more difficult for workers to stand up for their basic rights in the workplace. A narrow majority of the Supreme Court has once again overturned decades of precedent and congressional intent and sided with powerful corporate interests on a workplace discrimination case.” He further warned that “[l]ike with the Lilly Ledbetter case, Congress may be forced to clarify the law’s intent so we can prevent the damage this decision will have on workers’ civil rights.” The Lilly Ledbetter Fair Pay Act – which was signed into law in January – expressly overturned the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. by extending the time period in which employees can assert pay discrimination claims. Therefore, expect the introduction of legislation aiming to amend the ADEA to effectively nullify the Gross opinion, and make it easier for a plaintiff to bring successful disparate impact age discrimination claims against employers. http://www.dcemploymentlawupdate.com/...…

 


Plaintiff Related Products and News

Financial Post

Coopting the cops: Class action plaintiff lawyers gain access to wiretap evidence
Financial Post
 

?Inexplicably, [plaintiff's counsel] was not struck by lightning during the ...

Washington Post
Plaintiff's counsel submitted a Supplemental Memorandum on August 17, 2014. That Memorandum fails to comply with either requirement of the Court's July 7, 2014 order. The Motion was heard on September 15, 2014. At the hearing, Plaintiff's counsel ...
 

Belleville News Democrat

Luechtefeld: Plaintiff attorneys trying to cash in by getting Karmeier off ...
Belleville News Democrat
 

Pfizer Fights 'Do-Over' Of Plaintiff Experts In Zoloft MDL

Law360 (subscription)
Law360, New York (October 21, 2014, 6:50 PM ET) -- Pfizer Inc. on Tuesday fought what it called the plaintiffs' bid for a "do-over" on a Pennsylvania federal court's Daubert rulings in multidistrict litigation over its antidepressant Zoloft's alleged ...
 

Laurie J. Fine, Plaintiff v. ESPN, Inc., et al., Defendants, 5:12-CV-0836 (LEK ...

New York Law Journal (registration)
Plaintiff Laurie Fine has brought this action against defendant ESPN, Inc., and two ESPN employees alleging defamation. Plaintiff's claims arise from ESPN's coverage of sexual abuse allegations against plaintiff's husband, a former employee of Syracuse ...
 

Civil Claims Court

Perry County Tribune (registration)
Plaintiff Portfolio Recovery Services, Norfolk, Va., vs defendant Sharon Hupp, Somerset. Default judgment for plaintiff. Plaintiff Portfolio Recovery Services, Norfolk, Va., vs defendant Nellie Parker, Corning. Default judgment for plaintiff. Plaintiff ...
 

Plaintiffs challenging Alaska's ban on same-sex marriage tie the knot

KTUU.com
Courtney Lamb and Stephanie Pearson, two of the plaintiffs who challenged Alaska's ban on same-sex marriage, tie the knot after a week of legal ups and downs. The lawsuit that was resolved less on Oct. 11, when a federal judge ruled Alaska's ban ...
 

Plaintiff may not dismiss claims in response to summary judgment motion

Lexology (registration)
Allowing plaintiff to dismiss those claims as it proposed would have been unfair to defendant because it would have prevented defendant from seeking fees as to the DMCA claim. And plaintiff's request was too late, coming late in the case and in ...
 

Bisnow

Once Federal Judge, Now Plaintiff's Lawyer
Bisnow
 

Delay Strikes Down Another Plaintiff

JD Supra (press release)
http://www.energyandthelaw.com/files/2014/10/ Why am I always reporting on plaintiffs who wait too long to file their lawsuit? See below for a few possible answers. In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 ...