Law Commons^™

Pretext After Bostock—Disproving One Of The Employer’S Reasons Is Enough, Robert S. Mantell

Washington and Lee Journal of Civil Rights and Social Justice

When an employer gives a pretextual reason for an employee’s termination, that falsehood can help prove that the true reason was discrimination. The dishonesty constitutes “affirmative evidence of guilt.” The trier of fact may “infer the ultimate fact of discrimination from the falsity of the employer’s explanation.” However, when an employer provides multiple reasons for firing an employee, there has been a split of opinion whether the plaintiff must disprove one or all of those reasons.

The Supreme Court’s recent discussion of multiple motives in Bostock v. Clayton County provides the tools to resolve this split and compels rejection of …

“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Washington and Lee Law Review

Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …