HAS THE MEANING OF “BECAUSE OF” FINALLY BEEN SOLVED?
Publication Date
7-18-2022
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Employment discrimination, Causation, ADEA, McDonnell-Douglas
Abstract
Two simple words, “because of,” are at the heart of most anti-discrimination statutes, which preclude employers from taking adverse action because of a protected characteristic. Two simple words. Yet, the myriad attempts by courts and commentators to make sense of these two simple words has appropriately been referred to as a “morass,” a “jungle,” and a “quagmire.”
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Recommended Citation
Martin J. Katz, Has the Meaning of "Because of" Finally Been Solved?, Jotwell (July 18, 2022), https://worklaw.jotwell.com/has-the-meaning-of-because-of-finally-been-solved/.