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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

Appeals Judges Reject Bid to Apportion Blame to Plaintiff's Employer

Daily Report (registration)
In the latest effort, the state Court of Appeals voted 6-1 in favor of a car accident plaintiff. The majority rejected an effort by the defendant driver to put some of the blame on the plaintiff's employer, which allegedly had received complaints about ...
 

Key Question on Health-Law Subsidies: Were Plaintiffs Harmed?

Wall Street Journal
That argument is simmering beneath court battles about the legality of insurance subsidies tied to the Affordable Care Act. Mr. Klemencic is a key plaintiff in a case in which a Washington, D.C., court Tuesday invalidated subsidies for consumers in up ...
 

United States: A Plaintiff's Failure To Retain A Damages Expert Is Not Fatal ...

Mondaq News Alerts (registration)
On July 21, 2014, the Delaware Superior Court (Judge Young) ruled in Dippold Marble & Granite, Inc. v. Harleysville Mutual Insurance Company (No. K12C-09-021) that "because the owner of personalty may testify as to its value, Plaintiff's failure to ...
 

No ruling on North Augusta's Project Jackson trial; Plaintiff Donohue failed ...

The Augusta Chronicle
Thursday, July 24, 2014 7:53 PM. Last updated 9:10 PM. Comment · Follow Latest News. A South Carolina judge won't rule this week on the fate of North Augusta's Project Jackson after the plaintiff failed to submit a written proposed order by Thursday.
 

TheWrap

Plaintiff Files Motion Opposing Gary Goddard's Request to Dismiss Sexual ...
TheWrap
 

ABA Journal

Glenn Beck claims defamation plaintiff he labeled as bombing 'money man' is ...
ABA Journal
 

Cost-Shifting Statute Does Not Support Award Against Plaintiff's Counsel ...

Metropolitan News-Enterprise
A statute authorizing an award of defense costs, including attorney fees, against a plaintiff who files a frivolous tort action against a public entity does not permit an award against the plaintiff's lawyer, the Court of Appeal for this district ruled ...
 

Criden-Saveri Row Over Lieff Plaintiff Fee Stays In Calif.

Law360 (subscription)
Law360, San Francisco (July 24, 2014, 4:08 PM ET) -- A California federal judge refused Wednesday to toss or transfer to Florida an attorney's bid to nix arbitration over whether he owes Criden & Love PA $1.2 million for supplying a plaintiff to his ...
 

AB 2171: Another Effort by Plaintiff's Lawyers to Find New Ways to Sue

Fox and Hounds Daily
There are many reasons that California is ranked as the #1 Judicial Hellhole in the United States, including widespread abusive ADA lawsuits,shakedown Proposition 65 lawsuits or food litigation. But if some legislators get their way, things could get ...
 

Canada News

YouTuber sued for copyright infringement, plaintiff wants $150000 per incident
9 to 5 Google