Tag: title vii

Supreme Court Tightens Standards for Age Discrimination Plaintiffs

Yesterday the United States Supreme Court ruled 5-4 that trial courts may not use a "mixed motive" framework in federal age discrimination cases.  Rather, plaintiffs in age discrimination cases must prove that "but for" their age, they would not have been discriminated against.  Click here to read the Court’s decision in Gross v. FBL Financial Services.  Under a 1991 … Continue Reading

U.S. Supreme Court to Hear Six L&E Cases This Term

The U.S. Supreme Court opened its 2008-2009 term on October 6 with six labor and employment law cases on its docket.  (For docket information and questions presented, click on the name of the case).  Locke v. Karass:  may a public employee union may charge nonmembers for representational costs for litigation expenses incurred by the international union on … Continue Reading

Employer Violated Title VII by Terminating Employee for Undergoing In-Vitro Fertilization

In the first case of its kind before a federal circuit court, the Seventh Circuit Court of Appeals held recently that an employer violated Title VII for terminating a female employee who underwent in vitro fertilization treatments.  To read the opinion in Hall v. Nalco Company, click here.  The employer terminated the employee citing “absenteeism—infertility treatments.”  It then … Continue Reading

Supreme Court Accepts Review of AT&T Retirement Benefits Case

Earlier this week, the U.S. Supreme Court agreed to consider whether employers may be liable under Title VII for not giving female employees full credit for pregnancy leaves in calculating retirement benefits.  AT&T Corp. v. Hulteen, U.S., No. 07-543. The Ninth Circuit ruled last August that AT&T violated Title VII by calculating the female plaintiffs’ retirement … Continue Reading
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