The Texas Supreme Court held that an age discrimination plaintiff is never entitled to an inference of age discrimination at the prima facie case where the employee’s replacement is older than plaintiff-employee. In that situation, the plaintiff must establish a prima facie case through direct evidence of age discrimination.
Gloria Garcia (age 48) was terminated
In a discrimination case it is very important to determine whether the plaintiff is alleging direct or circumstantial evidence of discrimination. This is important because the standard by which a court determines if the case should proceed to trial or not depends on this determination. In Jackson v. Cal-Western Packaging Corp., the U.S. Court of Appeals
In Gross v. FBL Financial Services, Inc., the U.S. Supreme Court was asked to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.
In the case, Plaintiff Gross was employed by FBL Financial Group since 1971. In 2001 he held the
Today, the U.S. Supreme Court held that provisions in collective bargaining agreements that clearly and unmistakably require union members to submit statutory discrimination claims to the grievance and dispute resolution provisions of the agreement are binding and enforceable.
In 14 Penn Plaza LLC v. Pyett , a dispute arose over a commercial office building’s reassignment of night watchmen employees