Articles Posted in Trial law

In 1973, the United States Supreme Court issued a landmark employment discrimination case, McDonnell Douglas v. Green, outlining a framework for analyzing cases alleging employment discrimination. The McDonnell-Douglas test, as it has come to be known, is applied in nearly all Texas employment discrimination cases.

GavelWhen the Supreme Court first announced the McDonnell-Douglas test, it was in the context of a defense motion for summary judgment. In other words, the defendant filed a motion to dismiss the plaintiff’s case before it was even submitted to a jury. Essentially, the argument in a pre-trial motion for summary judgment is that the non-moving party cannot prevail at trial because, as a matter of law, their case is insufficient.

The McDonnell-Douglas test is fairly straightforward, although it can become complex in its application. First, the plaintiff must establish a prima facie case of discrimination. This normally requires that the plaintiff prove that they belong to a protected class and that the employer took some adverse employment action against them. This creates a presumption that the defendant employer engaged in discriminatory conduct.

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theaterA great deal of work goes into high school debates. While they tend to be an extracurricular activity that attracts highly motivated and structured individuals with a particular type of personality, these debates also requires an intense amount of preparation, regardless of who is doing the debating. High school debaters need to develop certain skills, such as the ability to read the judge, the ability to turn the opponent’s evidence or arguments to their favor, and the ability to do a substantial amount of research.

These same skills need to be developed by trial lawyers. Many people assume that trial lawyers are successful in court because they possess charisma or chutzpah, or because there is something special about them.

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conference tableArbitration occurs when a private tribunal, rather than a court, adjudicates a particular issue. Usually, the rules in arbitration are more relaxed than they are in civil litigation, but different tribunals or arbitration service providers have different procedures that can be very close to or very different from court procedures. Sometimes corporate employers force workers to agree to arbitrate their disputes based on a clause in their employment agreement. A worker is then forced to agree to arbitrate any employment issue if they want to be employed by the employer.

The judicial system, and in particular the United States Supreme Court, has enabled corporations to force their employees into arbitration to adjudicate all types of legal violations, including those related to employment discrimination and wage and hour disputes. This means that corporations have the power to write rules and design the procedures that apply to them in case they discriminate against their employees or fail to pay them their wages properly under law. Forced arbitration, as ratified by the judiciary, denies workers their right to bring a lawsuit against an employer for serious legal violations and have the dispute judged by a jury.

This is important because employees win less often in arbitration than in court. When they do win, they receive lower damages awards. Some arbitration clauses even require the losing party to pay the arbitration fees, including their employer’s attorneys’ fees. This deters workers from bringing their claims and exercising their rights.

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