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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

New Jersey Law Journal

NuvaRing Global Settlement Near as Plaintiffs Close to Opt-In Threshold
New Jersey Law Journal
 

Pianist Calls Professor a Sexual Predator

Courthouse News Service
"Prior to enrolling in college, plaintiff had never been away from home or his parents for any appreciable period of time, only occasionally with a piano teacher and other parents to piano recitals, and to a camp to treat a serious genetic medical ...
 

False arrest suit ends with $75K plaintiff's verdict at Phila. Common Pleas Court

The Pennsylvania Record
football stadium in South Philadelphia three years ago has won a $75,000 jury verdict at Philadelphia's Common Pleas Court. Harry Mims, a former resident of Silver Springs, Md. who now lives in Philadelphia, filed suit in July 2012 against Eagles ...
 

Sarah Schottenstein, Plaintiff v. Windsor Tov LLC, Bellmarc Property ...

New York Law Journal (registration)
In motion sequence number 018, defendant Windsor Tov LLC ("Windsor Tov" or "Sponsor") moves to strike plaintiff Sarah Schottenstein's ("Schottenstein" or "plaintiff") request for a jury trial. In motion sequence number 021, defendant Board of Managers ...
 

Washington Blade

Utah couples 'humble and proud' after day in court
Washington Blade
 

Plaintiff in lawsuit against LPD a former mayoral candidate

Journal and Courier
Andrew Phillips, who filed a federal lawsuit against a Lafayette police officer, is a former mayoral candidate for Lafayette, Phillips' attorney, Kirk Freeman, confirmed Wednesday. Phillips is the oldest son of Tippecanoe County Assessor Linda Phillips ...
 

The National Law Journal (registration)

Dallas Jury Bestows $1.2 Million to Plaintiff in Mesh Suit
The National Law Journal (registration)
 

United States of America, Plaintiff v. David Movtady et al., Defendants, 13 ...

New York Law Journal (registration)
The United States (the "Government") sues Golden First Mortgage Corporation ("Golden First") and its owner and operator, David Movtady, alleging violations of the False Claims Act, 31 U.S.C. 3729(a), and common-law claims of gross negligence, ...
 

Andrea Diaz, Plaintiff v. New York Comprehensive Cardiology, PLLC and ...

New York Law Journal (registration)
The Verified Complaint of plaintiff Andrea Diaz alleges that she sustained injury as a result of a fall at premises owned by defendant New York Comprehensive Cardiology, PLLC, where she was being treated by defendant Sanjeev Palta, M.D. By Order to ...
 

Civil Dockets for Lafourche Parish: April 12, 2014

Daily Comet
Defendant: Chet Adams; Plaintiff: Valerie Adams; Divorce; $N/A; Entry#124728 on 3/18/2014. ? Defendant: Elroy Anderson; Plaintiff: Lawantha Anderson; Protection Order; $N/A; Entry#124730 on 3/18/2014. ? Defendant: ABC Insurance Company, R & R ...