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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

In Wyndham Case, Judge Chesler Orders Plaintiff To Check Out Early

Mondaq News Alerts (registration)
Before filing the complaint, the plaintiff had sent the Wyndham board a letter demanding it bring a lawsuit based on breaches of the company's online networks, during which hackers accessed the personal and financial information of a number of large ...
 

Mesh sling trial ends with $18.5M plaintiff verdict

West Virginia Record
This case was the second federal case in multidistrict litigation filed over Boston Scientific's pelvic mesh and the third case since September in which the plaintiffs have been awarded damages. The jurors decided in each case that the Obtryx was ...
 

The Intercept - First Look Media

Nutty Plaintiff Nearly Derails Case Against NSA Bulk Collection
The Intercept - First Look Media
 

Few 240 Cases Address Plaintiff Intoxication

New York Law Journal (registration)
I cited every reported decision I could find that had involved purportedly intoxicated 240 plaintiffs. I demonstrated that it was incorrect "to say that worker's intoxication 'cannot constitute a defense to a Scaffold Law claim,'" which had been the ...
 

Singing plaintiff loses court fight over police shooting

Sydney Morning Herald
Civil proceedings in the NSW Supreme Court took a turn for the bizarre late last week, when Justice Lucy McCallum had to dismiss the case because the plaintiff would not stop ranting, and at one point, singing in court. Sonni Michel Angelo N'Ge-Sala ...
 

Tansi lawsuit settlement approved by council, waiting on plaintiff approval

Crossville Chronicle
Since the suit started, some plaintiffs dropped out of the suit as those suing had to come up with their share of the attorney's fees. The settlement will cost the city water fund some money, but is expected to be less expensive in the long run then ...
 

Freedom from Religion Foundation: 7th Circuit reminds that standing is every ...

Lexology (registration)
As Article III of the Constitution has been interpreted, of course, if a plaintiff lacks standing there is no ?case? or ?controversy,? and can be no federal jurisdiction. To have standing, a plaintiff must have suffered a ?concrete and particularized ...
 

Omaha World-Herald

The Hall: Plaintiff in Douglas County age discrimination lawsuit dies
Omaha World-Herald
 

Plaintiff lawyers seek court's permission to read phone records of Karmeier ...

Madison County Record
Lawyers who mistakenly received telephone records of Illinois Supreme Court Justice Lloyd Karmeier and wife Mary Karmeier now seek permission to read them. On Nov. 14, they pleaded that they need the records for a federal suit alleging that insurer ...
 

Plaintiff Who Sued Singer Patti LaBelle Won't Get New Trial

Texas Lawyer
A plaintiff who sued Patti LaBelle, three members of her entourage and her company, alleging an assault, will not get a new trial, according to a Nov. 14 ruling issued by U.S. District Judge Keith Ellison of the Southern District of Texas. According to ...