Recently by Susan L. Nardone
Labor & Employment
EEOC “Delivers” Guidance on Pregnancy Discrimination
On July 14, 2014, over the vocal dissent of two commissioners, the Equal Employment Opportunity Commission (“EEOC”) released its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” The Guidance, which focuses on the Pregnancy Discrimination Act (“...
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Burned Again? Cat’s Paw Liability Post-Staub
In March 2011, the United States Supreme Court rendered its decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011), resolving a split in the lower courts over the reach of the so-called “cat’s paw” theory of liability. The “cat's paw” refers to a...
Read MoreA Mixed Bag On Mixed-Motive Standard Needs Resolution
In the five years since the United States Supreme Court's decision in Desert Palace v. Costa settled a then-existing split among the federal courts of appeals by establishing that a Title VII mixed-motive plaintiff could prove his case utilizing both direct and circumstantial evidence, a new...
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