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Recent Developments from Around the States
National rulings of interest to you and your practice.
Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases
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.
November issue in PDF format
Hostile Environment As Form of Retaliation
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?
October issue in PDF format
Letter from the Editor
A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.
Quiz of the Month
Test your knowledge of the law!
The Application of the USA Patriot Act to Private Equity Funds
Part one of this article discussed the temporary exemption to the Patriot Act for investment companies and the proposed rule for unregistered investment…
Cameo Clips
Copyright Jurisdiction/ Television Licenses&nbsp;The issue of whether a TV programming license was properly terminated is to be decided by a state, rather…
October issue in PDF format

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