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workplace discrimination Archives

The Fifth Circuit Defines the Employer's Burden to Rebut an Inference of Discrimination

As I've written here before, in most discrimination cases, there is no smoking gun evidence of discrimination; and most cases, therefore, must be proven through circumstantial evidence. As I've also written, the law has imposed a burden-shifting framework in assessing these circumstantial evidence cases.

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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