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Recent Developments from Around the States Image

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings of interest to you and your practice.

Features

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases Image

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases

Robert P. Lewis

At the conclusion of its most recent 2002-2003 term, the U.S. Supreme Court issued a decision clarifying plaintiffs' standard of proof in "mixed-motive" employment discrimination cases under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. In <i>Desert Palace, Inc. v. Costa</i>, the Court held that a plaintiff is required to prove by direct evidence that an unlawful factor was a "motivating factor" in the challenged adverse employment action. Instead, a plaintiff can prove his or her discrimination claim in a mixed-motive case by circumstantial evidence. As a result of this decision, defendants will find it more difficult to obtain summary judgment dismissing mixed-motive discrimination cases prior to trial, the result of which will be that more such cases will be subjected to the uncertainties of jury trials.

Features

Hostile Environment As Form of Retaliation Image

Hostile Environment As Form of Retaliation

ALM Staff & Law Journal Newsletters

Can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

Features

Letter from the Editor Image

Letter from the Editor

ALM Staff & Law Journal Newsletters

A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.

Quiz of the Month Image

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Cameo Clips Image

Cameo Clips

ALM Staff & Law Journal Newsletters

Copyright Jurisdiction/ Television Licenses&nbsp;The issue of whether a TV programming license was properly terminated is to be decided by a state, rather…

Quiz of the Month Image

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Quiz of the Month Image

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Features

CA Governor Signs Harshest Anti-Spam Bill in U.S. Image

CA Governor Signs Harshest Anti-Spam Bill in U.S.

Steven Salkin, Esq.

He may be voted out of office soon, but California Governor Gray Davis is making his mark in the Internet world before he goes. On September 23, Davis signed what to date is the toughest anti-spam bill in the U.S.

Features

Non-Prescription Drug Ad Restructions Eased in UK Image

Non-Prescription Drug Ad Restructions Eased in UK

ALM Staff & Law Journal Newsletters

The latest from the UK.

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