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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

Bangor Daily News

'Maybe you shouldn't have talked to the newspapers': Second plaintiff added to ...
Bangor Daily News
 

BENJAMIN OROZCO, Plaintiff-Appellee, v. CRAIG PLACKIS, Defendant-Appellant.

Texas Lawyer
See Gray, 673 F.3d at 355-56 (holding that the first element was not established when the only evidence produced was that the defendant was a member of the board that ran the plaintiff's workplace and participated in a group decision to hire a general ...
 

UNITED STATES OF AMERICA, ex rel. RENE SHUPE, Plaintiff - Appellee v ...

Texas Lawyer
Counsel: For Rene Shupe, Plaintiff - Appellee: Anthony Edwin Pletcher, Travis Carey Headley, Watts Guerra, L.L.P., San Antonio, TX; Mikal C. Watts, Esq., Watts Guerra Craft, L.L.P., San Antonio, TX.For Cisco Systems, Incorporated, Defendant - Appellant ...
 

Longmont man a plaintiff in class-action suit against edible marijuana company

Longmont Times-Call
A Longmont man is among the plaintiffs named in a class-action lawsuit filed late last month against a Denver edible marijuana products maker on the grounds the company served chocolate bars to people at the Denver County Fair without telling them that ...
 

InsideCounsel

Adobe defeats plaintiff in patent dispute case
InsideCounsel
 

SFGate

Plaintiff lawyers fail clients in recent Silicon Valley lawsuits
SFGate
 

The Recorder

Apple, HP Snag Attorney Fees From Repeat Patent Plaintiff
The Recorder
 

TEWARI DE-OX SYSTEMS, INCORPORATED, Plaintiff Appellant v. MOUNTAIN ...

Texas Lawyer
Counsel: For Tewari De-Ox Systems, Incorporated, Plaintiff - Appellant: Robert O. Groover III, Esq., Groover & Associates, P.L.L.C., Dallas, TX; Lawrence S. Fischman, Glast, Phillips & Murray, P.C., Dallas, TX.For Mountain States/Rosen, Limited ...
 

Texas Lawyer

Plaintiff Moves to Recuse Carlos Cortez
Texas Lawyer
 

Legal News Line

Ind. court says plaintiff misrepresented work history in asbestos suit
Legal News Line