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:11/24/2014)... 24, 2014 The Healthy Skin Care ... of affordable skin care products, recently announced its launch. ... readers a wide variety of articles, tips, and evaluations ... organic skincare alternatives. , According to Emily Lataille, the ... content includes thoroughly researched reviews, tips for the skin, ...
(Date:11/24/2014)... Residents of retirement communities in Ohio ... SENIORS GOT TALENT, an annual online talent competition and ... to classic crooners, to seniors partying on a “night ... indeed living young. , “SENIORS GOT TALENT, while still ... prize, has always been about highlighting the vibrancy of ...
(Date:11/24/2014)... 2014 SWAccessControl.com has recently released ... matter of fact, the company is a leading online supplier ... magnetic locks are available at discounted prices, up to 30% ... of magnetic locks. This time, all of our items are ... home and abroad, so I have confidence in our fresh ...
(Date:11/24/2014)... November 24, 2014 Gersowitz Libo & Korek, ... has received national Tier recognition in the 2015 Edition of ... tiered ranking signals a unique combination of quality law practice ... to receive this honor and especially grateful to our clients ... honor and ranking possible,” said Jeff S. Korek, senior partner ...
(Date:11/23/2014)... For the coming special Friday, Tidebuy, a ... great promotion for many products, especially the beautiful colored ... best choice with amazing discounts, up to 90% off. ... It is easy to buy colored wedding dresses in ... is also famous for delicate craftsmanship, elegant style and ...
Breaking Medicine News(10 mins):Health News:Skin Care Advice Blog The Healthy Skin Care Journal Now Accessible to the Public 2Health News:Nursing Homes & Assisted Living Retirement Communities Enter Seniors Guide's Seniors Got Talent 2Health News:Nursing Homes & Assisted Living Retirement Communities Enter Seniors Guide's Seniors Got Talent 3Health News:SWAccessControl.com Is Happy To Release New Range Of Magnetic Locks 2Health News:U.S. News-Best Lawyers “Best Law Firms” Names Gersowitz Libo & Korek P.C. a 2015 Tier 1 Ranking Firm 2Health News:Beautiful Wedding Dresses Available at Popular B2C Company Tidebuy 2
... WASHINGTON The omega-3 essential fatty acids commonly ... avoid sensory overload, according to research published by ... omega-3s to the information-processing problems found in people ... Huntington,s disease; and other afflictions of the nervous ...
... Coalition ... ... months, members of Congress have debated the best ways to rein in runaway costs while ... the ongoing discussion includes how to ensure patients equal access to a full range of ...
... link has been found, , WEDNESDAY, Dec. 16 (HealthDay News) ... food poisoning and the stomach pain and diarrhea that result ... infections. , Researchers have found the same strains of the ... with the infections. , There,s no evidence that the ...
... ... Stress Reduction Therapy or NSRTSM is found very effective in the alleviation of symptoms ... wide array of skin conditions. Currently over 300 practices throughout the country are ... , ...
... Age should not be determining factor for use, expert says, ... heart failure are much less likely to die when they ... The study included 4,685 people, ages 65 to 85, who ... fraction (a measure of the heart,s pumping ability) of 35 ...
... also at all-time low, government report shows, , WEDNESDAY, Dec. ... States has reached almost 78 years, a record high, federal ... can expect to live to 80.4 years on average and ... U.S. Centers for Disease Control and Prevention. , But ...
Cached Medicine News:Health News:New study links DHA type of omega-3 to better nervous-system function 2Health News:Coalition for Patients' Rights: Access to Broad Range of Health Care Providers Critical to Lowering Costs 2Health News:Coalition for Patients' Rights: Access to Broad Range of Health Care Providers Critical to Lowering Costs 3Health News:Coalition for Patients' Rights: Access to Broad Range of Health Care Providers Critical to Lowering Costs 4Health News:Coalition for Patients' Rights: Access to Broad Range of Health Care Providers Critical to Lowering Costs 5Health News:Foodborne E. Coli Suspected in Urinary Tract Infections 2Health News:Foodborne E. Coli Suspected in Urinary Tract Infections 3Health News:BioVeda Health and Wellness Center of Chanhassen, MN Announces Its Grand Opening 2Health News:BioVeda Health and Wellness Center of Chanhassen, MN Announces Its Grand Opening 3Health News:BioVeda Health and Wellness Center of Chanhassen, MN Announces Its Grand Opening 4Health News:BioVeda Health and Wellness Center of Chanhassen, MN Announces Its Grand Opening 5Health News:Implanted Defibrillator Might Extend Life 2Health News: Life Expectancy in U.S. Hits New High 2Health News: Life Expectancy in U.S. Hits New High 3
(Date:11/23/2014)... Nov. 23, 2014  Aurobindo Pharma USA ... Capsules, USP 300 mg 100-count bottles to the consumer ... some empty capsules. Empty capsules could result ... consequences that could range from no effect, short term ... epilepticus (long period seizures) that could be life-threatening. Aurobindo ...
(Date:11/22/2014)... 2014  New data demonstrates that flibanserin, a novel, ... of female sexual dysfunction, Hypoactive Sexual Desire Disorder (HSDD), ... in premenopausal women when taken at bedtime. The data ... North America,s (SMSNA) 20th Annual Fall ... SMSNA accepted this study as a late ...
(Date:11/22/2014)... , 21 de noviembre de 2014  BioClinica®, ... clínicos externalizados y tecnologías eClinical, ha indicado un ... ,seguimiento inteligente, para el seguimiento basado en el ... amplía el concepto del seguimiento basado en el ... las visitas de seguimiento o cambio de los ...
Breaking Medicine Technology:Aurobindo Pharma USA, Inc. Issues Voluntary Nationwide Recall of Northstar Label Gabapentin Capsules, USP 300 mg Due to Complaints of Empty Capsules 2Study on Efficacy and Sedation-Related Safety of Flibanserin in Premenopausal Women Released Today at Sexual Medicine Society of North America Meeting 2Study on Efficacy and Sedation-Related Safety of Flibanserin in Premenopausal Women Released Today at Sexual Medicine Society of North America Meeting 3El 'seguimiento inteligente' consigue un excelente momento 2El 'seguimiento inteligente' consigue un excelente momento 3
Single-Piece PMMA IOLs for the replacement of the human crystalline lens in the visual correction of aphakia....
Single-Piece PMMA Intraocular Lenses....
Hydrophobic Acrylic Intraocular Lens (Refractive and Bifocal). Anterior Chamber Lens....
STABIBAG Hydrophilic Acrylic Lens....
Medicine Products: