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Supreme Court eases burden for employees fighting discrimination.

Publication: Trial
Publication Date: 01-SEP-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The U.S. Supreme Court in June made it easier for employees to bring discrimination suits.

The decision takes away employers' evidentiary advantage in discrimination cases, said the plaintiff's attorney, Robert Peccole of Las Vegas.

Many courts have held that plaintiffs in so-called mixed-motive case--employment disputes in which both discriminatory and legitimate factors are alleged to have played a part in an employer's actions--were required to provide direct, rather than circumstantial, evidence, despite language to the contrary in the 1991 Civil Rights Act. In Desert Palace,...

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