It’s always a little tricky to determine exactly how lower courts will apply a rule of law that develops from a U.S. Supreme Court.
Take the case of University of Texas Southwestern Medical Center v. Nassar, decided in June, which held that a “but for” standard (i.e., that an employer would not have taken
Back in 1994 (in a case Levy v. Commission on Human Rights & Opportunities, for the lawyers out there) the Appellate Court in Connecticut made a seemingly innocuous pronouncement: “We look to federal employment discrimination law for guidance in enforcing our own antidiscrimination statute.”
Why? Because back then,
Over the last week or so, various blogs have discussed a proposed rule released by the EEOC which discusses and defines what is meant by the "reasonable factor other than age" (RFOA) defense under the Age Discrimination in Employment Act (ADEA).
Not familiar with it? The Employer Law Report sums it up nicely here: