Causation, Post 1

Causation. This is one of the central issues in discrimination law today. What kind of connection is an employee required to prove between a negative action and her protected trait? In a series of posts, I will explore the history of the causation question, recent developments in causation analysis, and unresolved questions.

These posts start with basic principles and advance to more complex questions. Our causation discussion will include four statutes:

  • Title VII of the Civil Rights Act, which prohibits discrimination on the basis of race, color, national origin, sex, and religion.
  • Age Discrimination in Employment Act (called the ADEA), which prohibits discrimination on the basis of age, if a person is 40 or older.
  • Americans with Disabilities Act (called the ADA), which prohibits discrimination on the basis of a disability.
  • Family and Medical Leave Act (called the FMLA), which requires certain employers to provide unpaid leave for enumerated reasons and prohibits retaliation based on an employee taking the leave.

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