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Home / Opinion Digests / Labor & Employment / Labor & Employment – Age & Sex Discrimination Claims – Burdens of Proof – False Explanation – Tort/Negligence – Negligent Misrepresentation (access required)

Labor & Employment – Age & Sex Discrimination Claims – Burdens of Proof – False Explanation – Tort/Negligence – Negligent Misrepresentation (access required)

Although the but-for standard of proof applicable to age discrimination cases is more demanding than the motivating-factor standard of proof applied to Title VII claims, a plaintiff’s prima facie case, combined with sufficient evidence that the employer’s asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated. Since ...

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