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August 2016 Archives

U.S. Supreme Court Weighs in on Statutes of Limitation in Constructive Discharge Cases

A "constructive discharge" case is one in which the discriminatory behavior, while not amounting to a termination, is so bad that no reasonable person could be expected to tolerate and they quit. By quitting in the face of intolerable discrimination, the plaintiff has effectively ― constructively ― been discharged; and the law says that he can sue for that constructive discharge just as though the employer had fired him.

The Fifth Circuit's "Similarly Situated" / "Nearly Identical" Requirement

In most discrimination cases nowadays, there is no direct evidence of discrimination. Direct evidence includes evidence of discriminatory animus, or a statement and admission that the plaintiff was fired because of his/her race/gender/age/religion/disability. Most decision makers nowadays are not ignorant or brazen e nough to display their bias in employment decisions.

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