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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

The Louisiana Record

Class action plaintiff using 'shotgun' approach, eBay claims
The Louisiana Record
 

Kansas City Star

Judge questions $75M NCAA concussion settlement; BHS grad lead plaintiff
Bloomington Pantagraph
 

SHAREHOLDER ALERT: The Wagner Firm Announces Lead Plaintiff Deadline ...

Business Wire (press release)
LOS ANGELES--(BUSINESS WIRE)--The Wagner Firm reminds investors that purchasers of the securities of Marrone Bio Innovations, Inc. (?Marrone? or the ?Company?) (NASDAQ:MBII) between the Company's August 2, 2013 Initial Public Offering and ...
 

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 ...
 

Delmarva Daily Times

Former UMES hoops player a plaintiff in big lawsuit
Delmarva Daily Times
 

Birmingham pays $460000 to end police beating lawsuit, but only $1000 goes to ...

AL.com
BIRMINGHAM, Alabama -- The city of Birmingham has settled a police beating lawsuit for $460,000, but the plaintiff remains behind bars and won't get much of a payday. Under terms of the settlement approved by the City Council and Mayor William Bell, ...
 

Dallas Voice

Texas lesbian widow is plaintiff in Lambda Legal suit against Social Security ...
Dallas Voice
 

The National Law Journal (registration)

Plaintiffs in Dialysis Suits Argue for Massachusetts Law
The National Law Journal (registration)
 

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 ...