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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

USA TODAY

Virginia Wesleyan College responds to rape lawsuit: The plaintiff ?exercised ...
wtkr.com
 

Plaintiff says he was afraid to report former ESU administrator Isaac Sanders

Pocono Record
A plaintiff in the case against former East Stroudsburg University Administrator Isaac Sanders said he was too scared to come to administrators with allegations that Sanders was sexually assaulting him. ?There was a culture at that university where ...
 

Plaintiffs in Sanders suit say fear kept them silent

Pocono Record
A plaintiff in the case against former East Stroudsburg University administrator Isaac Sanders said he was afraid to tell the school's administration about Sanders' alleged sexual abuse. ?There was a culture at that university where pretty much the ...
 

Roberto DeJesus, Plaintiff v. The City of New York, and Corrections Officers ...

New York Law Journal (registration)
Plaintiff Roberto DeJesus brings this action against Defendants the City of New York ("The City") and Corrections Officers Michael Patrick McLaughlin, Laron Reese, Richard Tardi, and Edith Margarito, alleging that they deprived him of his ...
 

Judge orders Trinity Industries, plaintiff who won at trial to mediation

Dallas Morning News (blog)
WASHINGTON?U.S. District Judge Rodney Gilstrap ordered Trinity Industries and the plaintiff who won his case in federal court earlier this month to try one last time to settle their differences. Gilstrap ordered both the company and plaintiff Josh ...
 

Plaintiff Does Not Offer Proportional Production Remedy, Court Denies ...

JD Supra (press release)
In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third parties into the defendants' tax department. The plaintiff was not satisfied with the adequacy of the defendants ...
 

Plaintiffs describe sexual advances in Isaac Sanders civil lawsuit

Pocono Record
Following lunch, the plaintiff alleged Sanders, who was driving at the time, reached over and groped the then 19-year-old plaintiff's genitals and offered to perform oral sex. ?I was just disgusted. I didn't want this to happen to me. I didn't want it ...
 

Delmarva Daily Times

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

Plaintiff's Failure to Produce Proof of Loss Dooms Superstorm Sandy Coverage ...

HarrisMartin Publishing
NEWARK, N.J. ? A New Jersey judge has adopted a recommendation to dismiss a Superstorm Sandy coverage action against Farm Family Casualty Insurance Co., agreeing that the case is ?impossible to adjudicate? without the plaintiff's submission of a ...
 

The National Law Journal (registration)

Clinic: Plaintiffs Claims Don't Belong in Dialysis MDL
The National Law Journal (registration)