Recent Victories in Occupational Speech Cases and the Misunderstanding of the McDonnell Douglas Test

If you ask someone on the street what’s the deal with the standard in employment discrimination cases they’ll likely exclaim “McDonnell Douglas!” And they’d be right. Except, the Eleventh Circuit just reminded us that that’s not the whole story. And Judge Newsom adds in that it shouldn’t be the story at all. IJ’s Joe Gay explains the ins and out of this opinion that’s got the whole employment law world talking. Then your host tells a story from the Fifth Circuit as it heavily indicates it’s ready to change precedent for certain Voting Rights Act claims. Along the way it makes a claim about what “the law” is. But is it?

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Tynes v. Florida Dept of Juvenile Justice

Petteway v. Galveston County (panel decision)

Petteway v. Galveston County (en banc grant of stay)

Daniel 5:5-7