Since 2003, the Maine Supreme Judicial Court has applied the Supreme Court’s McDonnell Douglas burden-shifting analysis on summary judgment in employment discrimination claims brought under Maine law. Recently, however, some justices of the Law Court have questioned McDonnell Douglas’s continuing application to summary judgment determinations. They argue that the framework is outdated, overly mechanical, and unnecessary. In Trott v. H.D. Goodall Hospital, the court set forth three guiding principles for lawyers and judges to follow in employment discrimination cases facing disposition at summary judgment. In doing so, the court signaled that McDonnell Douglas should continue to be applied at summary judgment because the analysis is a valuab...
In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green wit...
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was...
This article explores the legal practice area of employment discrimination and adverse decisions bas...
Since 1973, the McDonnell Douglas framework has been a key analytical structure in employment discri...
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation ...
For many anti-discrimination plaintiffs, the McDonnell Douglas paradigm will determine the success o...
Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define...
Employment discrimination laws make the “simple but momentous” declaration that it is illegal to den...
Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases th...
Has too much tort law been incorporated into the case law under the federal employment discriminatio...
Enacted for the purpose of battling workplace discrimination by targeting discrimination against min...
In Fuhrmann v. Staples Office Superstore East, Inc., Jamie Fuhrmann submitted a complaint to the Mai...
At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor E...
The purpose of this article is to explain why the Court\u27s much-maligned decision in Hicks was cor...
The McDonnell-Douglas framework is one of the primary methods used by courts to evaluate discriminat...
In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green wit...
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was...
This article explores the legal practice area of employment discrimination and adverse decisions bas...
Since 1973, the McDonnell Douglas framework has been a key analytical structure in employment discri...
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation ...
For many anti-discrimination plaintiffs, the McDonnell Douglas paradigm will determine the success o...
Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define...
Employment discrimination laws make the “simple but momentous” declaration that it is illegal to den...
Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases th...
Has too much tort law been incorporated into the case law under the federal employment discriminatio...
Enacted for the purpose of battling workplace discrimination by targeting discrimination against min...
In Fuhrmann v. Staples Office Superstore East, Inc., Jamie Fuhrmann submitted a complaint to the Mai...
At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor E...
The purpose of this article is to explain why the Court\u27s much-maligned decision in Hicks was cor...
The McDonnell-Douglas framework is one of the primary methods used by courts to evaluate discriminat...
In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green wit...
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was...
This article explores the legal practice area of employment discrimination and adverse decisions bas...