Tag Archives: burden shifting

The Sixth Circuit Clarifies the Narrow Reach of McDonnell Douglas

Earlier this week, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff-Appellant Kathryn Keys (“Plaintiff”), an African-American female who alleged that her former employer, Defendant-Appellee Humana, Inc. (“Humana”) engaged in a pattern of discrimination against African American managers and professional staff. Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 2, 2012). … Continue Reading

The Proper Standard of Proof in FMLA Interference Cases

On January 17, 2012, nearly twenty years after the introduction of the Family and Medical Leave Act (“FMLA”), the Sixth Circuit clarifies the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). The McDonnell Douglas burden-shifting framework, as applied to … Continue Reading