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Recent Developments from Around the States Image

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings of interest to you and your practice.

Features

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases Image

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases

Robert P. Lewis

At the conclusion of its most recent 2002-2003 term, the U.S. Supreme Court issued a decision clarifying plaintiffs' standard of proof in "mixed-motive" employment discrimination cases under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. In <i>Desert Palace, Inc. v. Costa</i>, the Court held that a plaintiff is required to prove by direct evidence that an unlawful factor was a "motivating factor" in the challenged adverse employment action. Instead, a plaintiff can prove his or her discrimination claim in a mixed-motive case by circumstantial evidence. As a result of this decision, defendants will find it more difficult to obtain summary judgment dismissing mixed-motive discrimination cases prior to trial, the result of which will be that more such cases will be subjected to the uncertainties of jury trials.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

Features

Hostile Environment As Form of Retaliation Image

Hostile Environment As Form of Retaliation

ALM Staff & Law Journal Newsletters

Can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

Features

Letter from the Editor Image

Letter from the Editor

ALM Staff & Law Journal Newsletters

A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.

Quiz of the Month Image

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Cameo Clips Image

Cameo Clips

ALM Staff & Law Journal Newsletters

Copyright Jurisdiction/ Television Licenses&nbsp;The issue of whether a TV programming license was properly terminated is to be decided by a state, rather…

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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