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Recent cases of importance to your practice.
The Supreme Court ended its last term holding that direct evidence of discrimination is not necessary in a Title VII mixed-motive case. <i>Desert Palace, Inc. v. Costa</i>, 123 S. Ct. 2148 (2003) brings an end to an appellate court split regarding evidentiary burdens that began with the Court's plurality decision in <i>Price Waterhouse v. Hopkins</i>, 490 U.S. 228 (1989).
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A former employee may proceed with whistle-blowing and claims of wrongful discharge against an employer who fired her for refusing to sign a non-compete agreement. On April 16, 2003, the New Jersey Appellate Division (the Court) so ruled in <i>Maw v. Advanced Clinical Communications, Inc. (ACCI)</i>, 359 N.J. Super. 420 (App. Div. 2003).