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Causation, Part 18 (Gross)

In Gross, the Supreme Court made an unnecessary guess about what Congress intended when it amended Title VII in 1991, but did not make similar amendments to the ADEA. 393 more words

Causation

Causation, Part 16 (Gross)

In this post, I explore how the Gross decision mischaracterized the 1991 amendments to Title VII and their effect on the ADEA.

As we discussed in the last post, Congress’ reaction to… 476 more words

Causation

Causation Part 15 (Gross)

Gross is one of the worst reasoned cases in employment discrimination jurisprudence. I want to be careful in explaining what I mean by this. I do not mean that there are not ways to reason to the Court’s ultimate holding in the case. 860 more words

Causation

Causation, Part 14 (Gross)

In prior posts I examined the Price Waterhouse decision and the 1991 amendments to Title VII. In this post, we fast forward to the Supreme Court’s 2009 decision in… 445 more words

Causation