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Unification Of Standards In Discrimination Law: The Conundrum Of Causation And Reasonable Accommodation Under The Ada, Cheryl L. Anderson
Unification Of Standards In Discrimination Law: The Conundrum Of Causation And Reasonable Accommodation Under The Ada, Cheryl L. Anderson
Cheryl L Anderson
Causation continues to be one of the most confounding issues in antidiscrimination law. Despite having rejected the position over two decades ago in Price Waterhouse v. Hopkins, the Court in Gross v. FBL Financial Services, Inc., recently asserted that the “ordinary default rule” in disparate treatment claims requires a plaintiff to prove but-for causation when a statute prohibits discrimination “because of” a protected characteristic. Gross threw disparate treatment law into disarray. Title VII has been statutorily modified to require only proof of motivating factor causation before the burden of proof shifts to the employer to show it would have made …
Unification Of Standards In Discrimination Law: The Conundrum Of Causation And Reasonable Accommodation Under The Ada Unification Of Standards In Discrimination Law: The Conundrum Of Causation And Reasonable Accommodation Under The Ada Unification Of Standards In Discrimination Law: The Conundrum Of Causation And Reasonable Accommodation Under The Ada, Cheryl L. Anderson
Cheryl L Anderson
Causation continues to be one of the most confounding issues in antidiscrimination law. Despite having rejected the position over two decades ago in Price Waterhouse v. Hopkins, the Court in Gross v. FBL Financial Services, Inc., recently asserted that the “ordinary default rule” in disparate treatment claims requires a plaintiff to prove but-for causation when a statute prohibits discrimination “because of” a protected characteristic. Gross threw disparate treatment law into disarray. Title VII has been statutorily modified to require only proof of motivating factor causation before the burden of proof shifts to the employer to show it would have made …
Autism Service Dogs In The Classroom: The Tension Between The Idea And The Ada And Why The Ada Should Come Out On Top, Emily Billey
Autism Service Dogs In The Classroom: The Tension Between The Idea And The Ada And Why The Ada Should Come Out On Top, Emily Billey
Emily Billey
On November 3, 2010, Leslie Griffin was at work when she received the phone call she had been dreading ever since her son Sam had started third grade at Woodley Elementary in September–Sam was missing. After an altercation with a classmate on the playground, Sam took off, outrunning the teachers who chased after him. The last time anyone had seen Sam, he was running into a wooded area near the school’s playground. Leslie tried to remain calm as she received the news, but she was extremely frustrated with the school because she knew this situation could have been avoided if …
Autism Service Dogs In The Classroom: The Tension Between The Idea And The Ada And Why The Ada Should Come Out On Top, Emily Billey
Autism Service Dogs In The Classroom: The Tension Between The Idea And The Ada And Why The Ada Should Come Out On Top, Emily Billey
Emily Billey
On November 3, 2010, Leslie Griffin was at work when she received the phone call she had been dreading ever since her son Sam had started third grade at Woodley Elementary in September–Sam was missing. After an altercation with a classmate on the playground, Sam took off, outrunning the teachers who chased after him. The last time anyone had seen Sam, he was running into a wooded area near the school’s playground. Leslie tried to remain calm as she received the news, but she was extremely frustrated with the school because she knew this situation could have been avoided if …