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Showing 3 posts in Burden of Proof.

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar direct and indirect methods of proving discrimination under Title VII of the Civil Rights Act of 1964. The Court’s instruction should apply with equal force to claims brought under the Age Discrimination and Employment Act and the Americans with Disabilities Act. More ›

Seventh Circuit Reiterates Standard for Establishing Substantial Limitation on the Ability to Work

It goes without saying that an employee cannot prevail on a disability discrimination claim unless he is actually disabled. In the context of the Americans with Disabilities Act (ADA), this means that he must show that a disability “substantially limits” one or more of his “major life activities.”  Predictably, plaintiffs often allege that the “major life activity” that their disability has impacted is the activity of “working." Thus, an important question for employers is this: when does a disability actually limit an employee’s ability to work? More ›

Supreme Court: Proving Title VII Retaliation Claim Requires “But-For” Causation

Adding to a recent string of victories for employers, the U.S. Supreme Court ruled on June 24, 2013, that claims for retaliation under Title VII of the Civil Rights Act of 1964 must be proved "according to traditional principles of but-for causation." More ›