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The Problem of Shifting, Inconsistent Explanations ( February 2003 )
A recent decision by the United States Court of Appeals for the Tenth Circuit (which has jurisdiction over claims arising in Utah federal court), reminds employers of the risks they face when they present shifting explanations for their employment decisions.ÃÂ In Juarez v. ACS Gov't. Solutions Group, Inc., the plaintiff-employee alleged he was terminated because of his race, color and national origin in violation of Title VII. -
Race Discrimination: Recent Cases About Shifting Burdens of Proof ( March 2001 )
Two recent decisions from the Tenth Circuit Court of Appeals (which has jurisdiction over cases from Utah), Martinez v. State of Wyoming and Griffis v. City of Norman, Oklahoma, discuss the evidentiary showing that a victim of alleged racial discrimination in hiring and/or promotion must make in order to survive a defendant employer's motion for summary judgment. -
The Truth Shall Set You Free, But Fib and You May Fail ( August 2000 )
This article reviews Reeves vs. Sanderson Plumbing Products, Inc. whereby the Supreme Court held that a plaintiff might succeed if the employer?s reason for termination is not believed. In other words, if an employer is not honest when firing an employee, discrimination may well be the most likely alternative, especially since the employer is in the best position to put forth the actual reason for its decision. -
Reeves v. Sanderson Plumbing Products, Inc.--What Impact Will It Have? Maybe None ( October 2000 )
This article discusses the impact of Reeves v. Sanderson Plumbing Products, Inc. upon the burden shifting analysis in employment discrimination cases. -
U.S. Supreme Court Clarifies Evidence Needed To Sustain Jury Verdicts in Employment Discrimination Cases ( July 2000 )
In Reeves v Sanderson Plumbing Products, Inc (June 12, 2000), the U.S. Supreme Court, in a unanimous opini. -
Recent Developments in Lending Discrimination Law ( February 2000 )
This article reviews both federal and state lending discrimination statutes as well as what constitutes direct and indirect evidence of discrimination. Moreover, this article examines Crawford v. Signet, a recent decision by the D.C. Circuit, whereby the court raised the plaintiff's burden of proof in lending discrimination actions. -
Supreme Court Decision Highlights Need for Employer Anti-Discrimination Policies ( June 2000 )
Last month the U.S. Supreme Court issued an opinion further clarifying the rules courts must use in deciding employment discrimination cases. The Court's decision, Reeves v. Sanderson Plumbing Products, Inc., also underscores the need for employers to adopt anti-discrimination policies and to ensure, through training, that they are understood and followed. -
What Should I Take Into Consideration Before Terminating an Employee? ( August 1999 )
When the personnel department looks at a request for termination, it must fit the questions considered to the circu. -
Top Five Myths In The Workplace ( June 1999 )
Employers often share misconceptions about laws related to the workplace. Here are the top 5 workplace myths: My. -
Discipline and Discharge in Litigious Times ( January 1999 )
Employment related lawsuits have continued to increase at an unprecedented rate throughout the pas.
