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Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fordham Law Review
The U.S. Supreme Court has issued an odd mix of pro-plaintiff and pro-defendant employment law rulings. It has disallowed harassment lawsuits against employers even with failed antiharassment efforts, construed statutes of limitations narrowly to bar suits about ongoing promotion and pay discrimination, and denied protection to public employee internal complaints. Yet the same Court has issued significant unanimous rulings easing discrimination plaintiffs' burdens of proof. This jurisprudence is often miscast in simple pro-plaintiff or pro-defendant terms. The Court's duality traces to its inconsistent and unaware adoption of competing policy arguments: Policy 1: Employees must try internal dispute resolution before suing--or …
Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether
Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether
Fordham Law Review
No abstract provided.
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Fordham Law Review
This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective …