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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

Reuters

Plaintiff warned of 'a tragedy,'in suit against Bullets and Burgers range
Today's News-Herald
 

Chutzpah: Reagan-Bashing Author Sued for Plagiarism Praises Plaintiff's Book ...

NewsBusters (blog)
The New York Times is not blind to the lawsuit that conservative publicist and historian Craig Shirley has filed against left-wing author Rick Perlstein, claiming he purloined chunks of his 2004 book "Reagan's Revolution." They not only reported a ...
 

Kathy Kleibert addresses plaintiff's concerns in abortion clinic suit

The Times-Picayune - NOLA.com
Each hospital has different lengths of time to fully consider applications for hospital admissions. The plaintiffs claim that process can take between 90 days and seven months. Four doctors are represented in the suit. Three are seeking admission ...
 

The Ninth Circuit tightens the screws on plaintiffs' burden to allege ?loss ...

Lexology (registration)
In order to establish a claim for fraud under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5, a plaintiff must prove six elements: (1) material misrepresentation; (2) scienter; (3) connection with the purchase or sale of a security; (4 ...
 

Plaintiff lawyers in proposed $7 billion class action given green light to ...

Madison County Record
Plaintiffs claiming State Farm corruptly secured the election of Illinois Supreme Court Justice Lloyd Karmeier in 2004 can also investigate the victory of current Chief Justice Rita Garman in 2002, U.S. Magistrate Judge Stephen Williams decided on Aug. 27.
 

Attorneys Chosen for Plaintiffs in GM Ignition-Switch Litigation

Wall Street Journal
Attorneys Steve Berman, Elizabeth Cabraser and Bob Hilliard were picked by U.S. District Judge Jesse M. Furman in New York to represent hundreds of plaintiff complaints that were consolidated into one case by a panel of judges in Chicago in June.
 

Northwest Herald

First McCullom Lake brain cancer plaintiff gets new trial
Northwest Herald
 

American victims of terrorism sue a bank, claiming it abetted attacks

The Economist
The plaintiffs accuse Arab Bank of having helped Hamas in three different ways. First, it transferred funds from the Saudi Committee, ostensibly a charity, to relatives of 55 suicide-bombers. One payment went to the family of a man who bombed a ...
 

Plaintiff says insurer denied payment because of SSDI

Southeast Texas Record
The plaintiff says the defendants were wrong in misrepresenting the terms of the policy, which does not say the SSDI disability payments must be approved solely on the basis of disability caused solely by the accident. The defendants told the plaintiff ...
 

Judge says BigLaw firm tried to 'litigate plaintiff to death'

ABA Journal
A Georgia judge has ordered Sutherland, Asbill & Brennan to pay $175,000 in attorney fees, saying the firm had a strategy of trying to "litigate [the] plaintiff to death." Judge Dax Lopez of DeKalb County ordered the payment of attorney fees as a ...