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An Era Of Uncertainty In Discrimination, Speech Cases

Evolving analytical frameworks drive courts to differing decisions

Connecticut Law Tribune

July 18, 2012

The employer-employee relationship is subject to numerous state and federal laws that address a diverse range of topics, including hiring and firing, wages and benefits, and prohibited employment actions such as discrimination and retaliation. Certainty and clarity in these statutes and regulations allow employers to assess the legality of potential courses of action before taking any such actions. Certainty and clarity also allow employers and employees to assess the strengths and weaknesses of their respective cases in employment litigation.

Unfortunately, however, certainty and clarity are not always found in the text of those laws or in court rulings interpreting such laws — as demonstrated by recent cases from Connecticut and the Sixth Circuit Court of Appeals.

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