Incentive Insider

I. BackgroundD. Smith V. Xerox Corp. After Gross, the Fifth Circuit had the task of deciding if the Price scheme was still good law, and if so, what limits did it have.

I. BackgroundB. Legislation Change In the wake of Price, Congress amended both Title VII,[i]in part to codify the burden-shifting scheme introduced in Price,[ii]as well as the Age Discrimination in Employment Act (ADEA).

I. BackgroundA. Price Waterhouse V. HopkinsThe history of burden shifting in a mix-motive situation begins with the case of Price Waterhouse v. Hopkins.[i]In Price, the plaintiff accused the defendant, a public accounting firm, of gender discrimination when it failed to promote the plaintiff to partner.

Over the next few days, I will be posting may paper on whether or not retaliation claims under Title VII should have access to the Price burden shifting scheme. This was originally completed for a law review competition.