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Employment Law Blog

Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. May 10, 2019)

Federal courts seldom pause on the second stage of the McDonnell Douglas burden-shifting test, whee the employer proffers its allegedly legitimate, non-discriminatory reason for taking adverse action against an employee. But in this case, the D.C. Circuit holds that it is...

Weil v. Citizens Telecom Servs., No. 16-35813 (9th Cir. Apr. 29, 2019)

When a former supervisor - later reassigned - tells an employee that they were not promoted because "[y]ou're not white" and "you're not female," can the statement be used to prove a discriminatory motive over a hearsay objection? A panel of the Ninth Circuit holds 2-1...