McDonnell Douglas and the “Convincing Mosaic”: Questions Remain After 11th Cir. And U.S. Supreme Court Rulings

Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if not exclusively—on the argument that any adverse employment actions taken were based on legitimate and non-discriminatory business reasons that the employee will not be able to show were pretextual. This approach began with the burden-shifting framework described by the Supreme Court in its seminal 1973 decision, McDonnell Douglas Corp. v. Read the rest

New Listeria outbreak detected; other outbreaks remain under investigation

Inspectors with the Food and Drug Administration are tracking a new outbreak of infections from Listeria monocytogenes.

So far there are three confirmed patients. The FDA has not reported the ages of the patients or where they live. 

There are likely many more sick people than have been confirmed. The Centers for Disease Control and Prevention reports that for every patient confirmed in a Salmonella outbreak there are 29 patients who go undetected. This is because some patients do not … Read the rest