8th Circuit Court: Employees Face Hard Time Proving Disparate Treatment

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While employers are understandably concerned about disparate treatment claims, the courts have become increasingly demanding in what they require from employees to establish the employer actually treated them differently enough to support the finding of a prohibited animus.

A recent case from the U. S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—shows how a union contract can be a shield against state law-based claims.

Facts

Leah Findlator and Leah Baruch worked as lab technicians for Allina Health Clinics. Findlator is a black woman from the United Kingdom who

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