Navigation Links
Top NY Court Blinks in 'First Department' WPP Discrimination Power Play
Date:11/13/2008

for the adverse employment action, courts outside New York had aligned around the "real reason" standard, which requires that the analysis advance to a third level where the motivations of the employer are considered. Meister argued in their briefs that while disproving the "legitimate reason" can be helpful to proving discrimination, it is not necessary to do so.

"It's the 'blue eyes defense,' Meister argued. "It's like saying we fired her because she had blue eyes...and then proving that her eyes are blue, and suggesting that this disposes of the fact that the employer was motivated by discrimination."

Under McDonnell Douglas, the standard for proving discrimination established by the United States Supreme Court, a plaintiff seeking to prove discrimination must proffer a "prima facie" case, while the employer must only produce a "legitimate reason" that it does not have to prove, while the plaintiff ultimately bearing the burden of proving that the employer was motivated by discrimination and that the "real reason" was discrimination. In finding that Jordan "presented no evidence of pretext" to rebut the "legitimate reasons" offered by WPP's attorneys, and therefore the jury verdict was "against the weight of the evidence", the First Department chose to ignore all of the evidence of discrimination that Jordan produced at trial, including testimony by her and top executives that she was openly referred to as "a cripple", hazed about her need to use a cane to ambulate, and treated differently by her supervisors than her non disabled peers, including being paid half what non-disabled EVP's were compensated. The First Department also ignored evidence that decision maker Doug Fidoten, who fired Jordan, "could not say" whether it was more cost effective to terminate her or not, evidence that her termination as the agency's top Planning executive was not part of the mid 1994 merger layoffs which targeted non-client staff positions, and evidence that the
'/>"/>

SOURCE EndDiscriminationNow.com
Copyright©2008 PR Newswire.
All rights reserved

Page: 1 2 3 4 5

Related medicine news :

1. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
2. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
3. First Circuit Court of Appeals Rules Against Philip Morris in Lights Class Action
4. Wyeth and Nycomed Announce Court Denial of Preliminary Injunction
5. Massachusetts State Court Hears Suit by Breastfeeding Mother on Medical Licensing Exam
6. Cristina Saralegui Joins Celebrities Including Matthew McConaughey, Courteney Cox and Mariska Hargitay to Raise Money for Breast Cancer Research
7. Filing for Reconsideration/Press Conference ACUNA v. TURKISH, Historic Informed Consent Abortion Case to the New Jersey Supreme Court
8. Rulings Send Lawsuits Against State Farm, American Family Back to Court, Hagens Berman Sobol Shapiro Announces
9. NBME Appeals Massachusetts Judges Reversal of Lower Court in Suit for Extra Break Time During Medical Licensing Exam
10. New Report Says Health Courts Bureaucracies Offer Big Financial Burdens and Loss of Patient Rights
11. ALLs Judie Brown: Supreme Court is Wrong on Contraception Ruling
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/22/2015)... Calif. (PRWEB) January 22, 2015 ... Susan Bonilla (D-Concord) and Kristin Olsen (R-Modesto) were ... their leadership in advancing biotechnology, biomedical science, medical ... and Olsen each received the “2014 Life Sciences ...
(Date:1/22/2015)... IsoComforter, Inc. has introduced the most innovative and easy ... treat specific body parts and muscle groups. , IsoComforter, ... use patented cold therapy machine with the innovative IsoTube design ... injuries. IsoComforter has become the industry leader in cold ...
(Date:1/22/2015)... DC (PRWEB) January 22, 2015 Payday ... in vulnerable communities and cause financial distress to the ... by analysts at Howard University’s Center on Race and ... dollars in economic activity, payday loans at the same ...
(Date:1/22/2015)... As interest in the value of spiritual ... worldwide, Rev. Eric J. Hall , president and CEO ... will be the keynote speaker on January 27 at an ... system. , The conference, “Hope and Resilience: Innovative and Interdisciplinary ...
(Date:1/22/2015)... Compare-autoinsurance.org has released a new blog post presenting ... auto insurance policy . , Some types of vehicles cannot ... the newly released blog post to see if their vehicle qualifies ... vehicles are some of the cars that cannot be covered by ...
Breaking Medicine News(10 mins):Health News:California Biomedical Community Honors Senator Holly Mitchell, Assemblymembers Susan Bonilla & Kristin Olsen 2Health News:California Biomedical Community Honors Senator Holly Mitchell, Assemblymembers Susan Bonilla & Kristin Olsen 3Health News:IsoComforter Introduces Best of Class Cold Therapy Product to the Worldwide Market 2Health News:Howard University Spotlights the Economic Impact of Payday Lending in Southern States 2Health News:HealthCare Chaplaincy CEO to Keynote Spiritual Care Summit in Israel 2Health News:HealthCare Chaplaincy CEO to Keynote Spiritual Care Summit in Israel 3Health News:Some Vehicles Cannot Be Covered By An Auto Insurance Policy! 2
... dark winter months motivate binge eating in certain susceptible individuals. ... the factors that make some people// susceptible to eating disorders, ... study, they find that the length of day can be ... ,This appears to be a little different from the comfort ...
... researchers from the University at Buffalo School of Dental ... X-ray// may serve as an accurate early-warning system of ... ,The study was ushered in a population with a ... us closer to the use of panoramic dental radiographs ...
... skin creams that promise to erase fine lines and prevent ... are known to prevent agents called free radicals from damaging ... result of normal body processes, but they can also be ... or ultraviolet (UV) radiation from the sun and can speed ...
... become addicted to nicotine by smoking regularly over a long ... disturbing. According to a Canadian study, young people can develop ... than a few cigarettes a month. ,Using a list ... in their first year of high school to understand their ...
... is an oral habit characterized by rhythmic activity of the ... during sleep. It has been linked to headaches, joint discomfort// ... for both the person with bruxism as well as his ... three European countries, aimed to collect information on the prevalence ...
... who talks about suicide will actually go through with ... need protection.Now American scientists believe that// they have found ... checks glands controlling the stress hormone cortisol. ... turmoil that leads people to take the final step. ...
Cached Medicine News:
(Date:1/23/2015)... 2015  Now available for sale, The Armor1 Ankle Roll ... ankle sprains by cushioning the ankle from an inversion ... the outside of any shoe type and allows the ... offering protection against sprains. With customers in physical therapy, ...
(Date:1/23/2015)... N.J. , Jan. 23, 2015  CytoSorbents Corporation ... commercializing its CytoSorb® extracorporeal cytokine adsorber to reduce ... announced the receipt of $385,642, net of transaction ... of the Technology Business Tax Certificate Transfer Program ...
(Date:1/22/2015)... 2015  ViewRay™, a privately held medical device company, announced ... agreement with ITOCHU Corporation (Tokyo Stock Exchange TYO: 8001) ... treatment of cancer in Japan . ... first and only MRI-guided radiation therapy system that images ...
Breaking Medicine Technology:The Armor1 Ankle Roll Guard is the New Breakthrough Solution for Ankle Sprain Prevention! 2CytoSorbents Receives $385,000 in Non-Dilutive Funding from the New Jersey Technology Business Tax Certificate Transfer Program 2CytoSorbents Receives $385,000 in Non-Dilutive Funding from the New Jersey Technology Business Tax Certificate Transfer Program 3ITOCHU Named the Exclusive Distributor for ViewRay's MRI-Guided Radiation Therapy System in Japan 2
... Savient Pharmaceuticals, Inc. (Nasdaq: SVNT ) today ... to specialty distributors on November 30, 2010. KRYSTEXXA, a ... of chronic gout in adult patients refractory to conventional ... prescription as of December 1, 2010. In conjunction with ...
... 4, 2010 Regional Medical Imaging (RMI) in Flint announced ... to receive Accreditation for Breast Magnetic Resonance Imaging (MRI) by ... 2010, the ACR unveiled the Breast MRI Accreditation Program ... in quality of care for Breast MRI. RMI received this ...
Cached Medicine Technology:Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 2Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 3Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 4Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 5Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 6Savient Pharmaceuticals Announces Expected Availability of KRYSTEXXA™ for Prescription and Reports Third Quarter 2010 Financial Results 7Exciting Healthcare News for Women of Mid Michigan 2
... national reference laboratory and a worldwide leader ... offers an extensive test menu of highly ... and anatomic pathology. Owned by the University ... than half of the nation's university teaching ...
... reference laboratory and a worldwide leader in ... an extensive test menu of highly complex ... anatomic pathology. Owned by the University of ... half of the nation's university teaching hospitals ...
... is a national reference laboratory and a ... development. ARUP offers an extensive test menu ... in clinical and anatomic pathology. Owned by ... include more than half of the nation's ...
... a national reference laboratory and a worldwide ... ARUP offers an extensive test menu of ... clinical and anatomic pathology. Owned by the ... more than half of the nation's university ...
Medicine Products: