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Court reverses itself in striking $3.5M punitive award against Chrysler (access required)

Published: May 16, 2013

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A Chrysler employee failed to produce sufficient evidence of malice or recklessness to justify a substantial award of punitive damages in a Title VII hostile environment case, the 7th U.S. Circuit Court of Appeals has ruled.

Former shareholder can’t sue under Title VII (access required)

Published: May 1, 2013

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A former shareholder-director of a close corporation did not qualify as an “employee” who could sue for religious discrimination under Title VII, the 3rd U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.

Employee who complained about office affair can’t sue (access required)

Published: May 1, 2013

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An employee who alleged she was forced to quit her job after her complaints about an office affair were ignored could not sue for retaliation under Title VII, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.

Mixed feelings in mixed-motive Title VII case (access required)

By: Kimberly Atkins
Published: April 24, 2013

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WASHINGTON – The justices of the U.S. Supreme Court seemed to have mixed feelings about allowing an employee asserting a Title VII-based retaliation claim to prove that his complaint of discrimination was one motivating factor for the employer’s adverse action rather than the but-for cause.

Fee-shifting doesn’t apply in Title VII retaliation case (access required)

Published: April 10, 2013

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An employee who sued for mixed-motive retaliation was not entitled to an award under a Title VII fee- and cost-shifting provision, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Employee must arbitrate ‘pattern-or-practice’ suit (access required)

Published: March 26, 2013

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An employer could compel arbitration when sued by a former female employee for engaging in a continuing pattern or practice of sex discrimination, the 2nd U.S. Circuit Court of Appeals has ruled in reversing judgment.

Attorney’s lawsuit against ex-firm is dismissed (access required)

Published: January 24, 2013

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An attorney’s race discrimination suit against law firm Quinn Emanuel Urquhart & Sullivan has been dismissed on summary judgment by the U.S. District Court for the Southern District of New York.

EMPLOYMENT (access required)

By: Pat Murphy
Published: January 22, 2013

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Does Title VII’s retaliation provision require a plaintiff to prove but-for causation, or only that the employer had a mixed motive?

See “Does mixed-motive analysis apply in retaliation case?

University of Texas Southwestern
» Continue Reading.

Does mixed-motive analysis apply in retaliation case? (access required)

Published: January 22, 2013

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The U.S. Supreme Court will decide whether Title VII’s retaliation provision requires a plaintiff to prove but-for causation, or only that the employer had a mixed motive.

Hostile environment suit isn’t time-barred (access required)

Published: January 18, 2013

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A hostile environment plaintiff was not required to show the “permanence” of underlying acts of discrimination in order to proceed under a continuing violation theory, the 3rd Circuit has ruled in reversing a summary judgment.

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