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U.S. Supreme Court Reverses Expansion Trend And Raises The Bar For Claims Of Unlawful Retaliation In Employment

Claims of unlawful retaliation pose significant risks for companies in every industry. Indeed, of the nearly 100,000 Charges of Discrimination filed with the U.S. Equal Employment Opportunity Commission in FY2012, over 38% alleged retaliation. However, a recent decision from the U.S. Supreme Court has raised the legal standard that a plaintiff-employee must satisfy to prevail on such a claim....

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Who Is a “Similarly-Situated” Comparator In a Discrimination case? Someone With The Same Supervisor?

Unlawful discrimination ultimately is about being treated less favorably because of race, religion, national origin, age, sex or other illegal factors. One way to prove unlawful discrimination is to show the person has been treated less favorably than a “similarly situated” co-worker. International Brotherhood of Teamsters v. U.S., 431 U.S. 324 (1977), is the seminal case outlining claims of...

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Supreme Court Decides Who’s The Boss

On Monday June 24, 2013, the U.S. Supreme Court finally decided the definition of a “supervisor” for purposes of determining an employer’s strict liability for hostile work environment claims under Title VII of the Civil Rights Act of 1964.   …

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