Proving age discrimination: the courts' view

Article Abstract:

The law of proving age discrimination in employment has grown out of case law interpreting both Title VII and the Age Discrimination in Employment Act. A Title VII case, McDonnell Douglas Corp. v. Green, established the burden-shifting approach that allowed both sides to advance the litigation. Trans World Airlines v. Thurston limited the application of McDonnell in finding that direct evidence could trump the need for burden-shifting. Loeb v. Textron, Inc. clarified the application of McDonnell in Age Discrimination in Employment Act cases.

Other Justice, Public Order, and Safety Activities, Equal Protection-Employment, Cases, Employment, Equal protection, Burden of proof, Age discrimination

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The Pregnancy Discrimination Act: a twenty year retrospect

Article Abstract:

Congress enacted the Pregnancy Discrimination Act of 1978 (PDA) as an amendment to Title VII of the 1964 Civil Rights Act in response the Supreme Court's refusal to extend Title VII to pregnancy on its own. Since 1978, 11 Supreme Court cases dealt with the PDA. These cases expanded protection against discrimination to include dependent coverage and protection against occupational illnesses but also forbid treating pregnancy more favorably than other medical conditions.

United States, Pregnant women

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Proving ERISA discrimination: the court's view

Article Abstract:

ERISA can be used in employment discrimination cases despite not being a civil rights law in the stricter sense of the term. The 1973 employee dismissal case of McDonnell Douglas v. Green and its strong influence on subsequent litigation has joined civil rights laws and ERISA together. An employee can use ERISA to prevail at trial if sufficient evidence that the dismissal was to prevent the receipt of pension benefits is presented.

Testimony

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