Tag: McDonnell Douglas

Sexual Harassment

New Jersey Harassment Case Ruling Leads to New Definition of ‘Supervisor’ and Other Surprises

By Sylvia-Rebecca Gutierrez, Associate, Day Pitney, LLP Jan 18, 2018 HR Management & Compliance

Updated: Apr 13, 2018

The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently broadened the definition of “supervisor” for purposes of Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD), in an expression of the court’s opinion that went beyond the facts before it. The […]

3 Questions Employers Should Ask in Discrimination Cases

By South Carolina Employment Law Letter Feb 29, 2008 HR Hero Line

Updated: Feb 29, 2008

In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. This […]