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Full-Text Articles in Law
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
University of Richmond Law Review
In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …
A Guide To The Law Of Fair Employment, Benjamin Werne
A Guide To The Law Of Fair Employment, Benjamin Werne
University of Richmond Law Review
In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.