Discrimination ruling could hurt workers' lawsuits
Discrimination ruling could hurt workers' lawsuits
Lawyers for employers hailed the Feb. 7 decision as a big victory and some are already using it in pending court cases and settlement negotiations.
The Supreme Court agreed that the trial judge erred in jury instructions and overturned the damages.
If the employer offered another reason for the action, the plaintiff had to prove this was a pretext or sham.
Since the Harris decision, a plaintiff must prove discrimination was not just a factor but a substantial factor to win damages and/or attorneys fees.
[...] if the employer can prove
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