We enter 2017 with a new President, a polarized electorate, an incomplete Supreme Court, and an increasingly isolated California. Against this dramatic backdrop, Glen Kraemer will examine the most important recent appellate decisions and legislation in the equal employment opportunity arena, while forecasting discrimination law trends that could dramatically impact our State in the new…

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Number 37: The Supreme Court Raises The Bar On Proving Retaliation Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found it to define “causation” in the context of Title VII cases.   Those two trends intersected recently when the U.S. Supreme Court was called upon…

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Number 32: Understanding Retaliation Claims Under Title VII and the Employee’s Good Faith Belief Requirement One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim.  Over the years, the law under Title VII has made these claims more difficult for plaintiffs to bring.  At the same time the federal courts…

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Every year the Equal Employment Opportunity Commission (EEOC) releases statistics reflecting how often various claims are presented to them.  And every year one claim stands heads and shoulders above the rest: retaliation.  Last year, over 41% of all EEOC claimants brought a retaliation claim – far more than any other claim.

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In California, a plaintiff alleging retaliation  can survive summary judgment, or prevail at trial, simply by showing that her protected activity was a “substantial motivating factor” in her adverse employment action.  But, does that same, relaxed standard apply to cases under Title VII? That was the question addressed in University of Texas Southwestern Medical Center…

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