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Employment Discrimination

by Peter Reed Corbin ; John E. Duvall

Mercer L. Rev., Vol.65 pp.909-1203, 2014 [Periódico revisado por pares]

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  • Título:
    Employment Discrimination
  • Autor: by Peter Reed Corbin ; John E. Duvall
  • Assuntos: Discrimination; Significantly; Establishing; Southwestern; Determining; Unpublished; Retaliation; Established; Significant; Continuing; Civil Procedure; Criminal Law & Procedure; Education Law; Governments; Healthcare Law; International Trade Law; Labor & Employment Law; Torts
  • É parte de: Mercer L. Rev., Vol.65 pp.909-1203, 2014
  • Descrição: ... Ball State University, the Supreme Court determined the parameters of who qualifies as a "supervisor" for purposes of establishing vicarious liability in workplace harassment actions under Title VII. ... Thorntons, Inc., the United States Court of Appeals for the Seventh Circuit, in the context of reversing a summary judgment in favor of the employer in a Title VII action, held that "the time has come to jettison the "ossified direct/indirect paradigm' in favor of a simple analysis of whether a reasonable jury could infer prohibited discrimination." ... After the plaintiffs brought a race discrimination and retaliation action pursuant to Title VII (along with several other claims), the district court granted St. ... MVM, Inc., the only published ADEA decision issued during the survey period, concerned continued applicability of the cat's-paw theory to ADEA cases in light of the Supreme Court's decision in Staub v. ... The court reasoned further that because the supervisor who decided to fire Sims had been evaluating employees at Sims's level for possible layoff for some months before taking the adverse employment action, the necessary "but for" causation was not present in the case. ... Reasonable Accommodation As also anticipated, most of the ADA decisions during the survey period concerned the reasonable accommodation provisions of the amended ADA. ... Gresham appealed, arguing that because there was no evidence that her comments had actually caused a disruption in the operation of the police department, her speech right should prevail. ... The panel reasoned that the personnel decisions at issue were motivated by Carter's misconduct rather than his speech.
  • Idioma: Inglês
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  • Realização: AGUIA USP

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