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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

David Carter named 'Plaintiff's Lawyer of the...

TCPalm
Gould Cooksey Fennell is proud to announce that David Carter has been named "Plaintiffs' Lawyer of the Year" by Best Lawyers, 2015, for the category of Orlando Personal Injury Litigation. The Orlando region comprises eight counties, including Indian ...
 

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CRISTIAN ALEJANDRO ...

Texas Lawyer
Counsel: For United States of America, Plaintiff-Appellee (12-41177): Terri Lynn Hagan, Assistant U.S. Attorney, Heather Harris Rattan, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Plano, TX; Traci Lynne Kenner ...
 

NY / Region|Will You Be Seated on a Jury?

New York Times
More likely to side with defendant Plaintiff lawyers may believe that because you are a younger person, you may be less likely to sympathize with someone in her 60s and would be less likely to be disturbed by the idea of losing a lot of money later in ...
 

American victims of terrorism sue a bank, claiming it abetted attacks

The Economist
The plaintiffs accuse Arab Bank of having helped Hamas in three different ways. First, it transferred funds from the Saudi Committee, ostensibly a charity, to relatives of 55 suicide-bombers. One payment went to the family of a man who bombed a ...
 

Attorneys Chosen for Plaintiffs in GM Ignition-Switch Litigation

Wall Street Journal
Attorneys Steve Berman, Elizabeth Cabraser and Bob Hilliard were picked by U.S. District Judge Jesse M. Furman in New York to represent hundreds of plaintiff complaints that were consolidated into one case by a panel of judges in Chicago in June.
 

Motion to stay pending inter partes review denied where plaintiff had ...

Lexology (registration)
In this patent infringement case, Plaintiff, CTP Innovations, LLC ("CTP") sued V.G. Reed and Sons, Inc. ("Reed") to stop Reed's alleged infringement of two United States patents, which pertain to systems and methods of providing publishing and printing ...
 

Suits against judges must show they lack jurisdiction; Plaintiff claims Dauber ...

Madison County Record
For Maria Bailey of Chicago to sue St. Clair County associate judge Ellen Dauber, who canceled her mother's funeral, she must show that Dauber lacked jurisdiction. Judges enjoy absolute immunity from civil suits for their actions as long as they act ...
 

Plaintiff attorney explains Filner harassment suit

KUSI
Disgraced former San Diego mayor Bob Filner is back in the hot seat Wednesday, when he gave a deposition in a lawsuit filed by a city employee who claims he sexually harassed her. Stacy McKenzie is suing both Filner and the city, saying Filner placed ...
 

Plaintiff Ends $4B Qui Tam Suit Against Consumers Energy

Law360 (subscription)
Law360, New York (August 20, 2014, 7:21 PM ET) -- A Michigan federal judge on Wednesday approved an agreement to dismiss a whistleblower suit that had accused Michigan-based public utility Consumers Energy Co. of defrauding its customers and the ...
 

Brunswick Central School District, Plaintiff v. Gill Montague Regional School ...

New York Law Journal (registration)
Plaintiff Brunswick Central School District ("Plaintiff," or "BCSD") brings this action seeking tuition reimbursement from Defendant Gill Montague Regional School District ("Defendant," or "GMRSD") under the Individuals with Disabilities Education Act ...