direct evidence of discrimination

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More than 10.000 documents for direct evidence of discrimination

- 8th Circuit Says Affirmative Action Plan Can Be Direct Evidence of Discrimination
The 8th U.S. Circuit Court of Appeals has joined the ranks of courts that will consider an affirmative action plan as direct evidence of discrimination when an adverse employment action is linked to the plan. The decision came in the case of a white school counselor who claimed African-American applicants were preferentially hired for an assistant principal position.
- Missouri Lawyers Media
- September 15, 2009
- Ohio Supreme Court Rules Neutral Leave Policy Not Direct Evidence of Sex Discrimination.
The Ohio Supreme Court, in McFee v. Nursing Care Mgt of Am., Inc., Slip Opinion, No. 2010-Ohio-2744 (June 22, 2010), recently ruled that an employer's...
- Mondaq Business Briefing
- Nbr. 2010, January 2010
- Ohio Supreme Court Rules Neutral Leave Policy Not Direct Evidence of Sex Discrimination
The Ohio Supreme Court, in McFee v. Nursing Care Mgt of Am., Inc., Slip Opinion, No. 2010-Ohio-2744 (June 22, 2010), recently ruled that an employer's...
- Mondaq Business Briefing
- United States Law Articles in English

- Karsnak v. Chess Fin. Corp., (Ohio 2012)
Appellant failed to demonstrate direct evidence of age discrimination based solely on employers use of the word retire. Appellant failed to demonstrate a prima facie case of age discrimination where employer engaged in a reduction in force and younger co-worker who assumed portions of appellants former workload was unquestionably more qualified. Appellants claims of retaliatory discharge, breach of express or implied contract and fraudulent misrepresentation failed to raise genuine issues of material fact for trial. Trial courts grant of summary judgment was appropriate.
- Ohio Supreme Court
- Determining the meaning of 'direct evidence' in discrimination cases within the 11th Circuit: why Judge Tjoflat was (W)right.
Truly I tell you, no prophet is accepted in the prophet's hometown. (1) An employment discrimination plaintiff may establish a case of discriminatio...
- Florida Bar Journal
- Vol. 77 Nbr. 9, October 2003
- A call for Price Waterhouse II: the legacy of Justice O'Connor's direct evidence requirement for mixed-motive employment discrimination claims.
I. INTRODUCTION In 1989 the United States Supreme Court decided Price Waterhouse v. Hopkins,(1) a mixed-motive employment discrimination case(2) est...
- Albany Law Review
- Vol. 61 Nbr. 2, December 1997
- McFee v. Nursing Care Mgt. of Am., Inc. (Slip Opinion), Slip Opinion No. 2010-Ohio-2744
An employment policy that imposes a uniform minimum-length-of-service requirement for leave eligibility with no exception for maternity leave is not direct evidence of sex discrimination under R.C. Chapter 4112.
- Ohio Supreme Court
- 8th Circuit Discrimination Case Goes to U.S. Supreme Court
The U.S. Supreme Court agreed to take up the issue of whether direct evidence is required in a discrimination case before a jury can consider whether discrimination was a motivating factor for an adverse employment action. The National Employment Lawyers Association joined petitioner Jack Gross in urging the high court to take the case. The trade group took Gross' argument further, however. It asked the Supreme Court to instruct lower courts, if they are not to use the direct- evidence rule, about how they should determine which standard of causation applies.
- St. Charles County Business Record
- December 09, 2008
- Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002)
... of his age in violation of the Age Discrimination in Employment Act of 1967 (ADEA). In affirming the... example, a plaintiff is able to produce direct evidence of discrimination. See Trans World Airlin...
- U.S. Supreme Court
- U.S. Court of Appeals, 8th Circuit: Humphries V. Pulaski County Special School District, No. 08-2485
A reverse discrimination plaintiff could use her employer's affirmative action policies as direct evidence of bias, the 8th Circuit has ruled in reversing a summary judgment. The plaintiff is a white elementary school teacher in the Pulaski County, Ark., public school district.
- Lawyers USA
- September 08, 2009