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Sunday, November 23, 2025

‘Unnecessarily Complex’: Judge Criticizes Burden-Shifting Test for Employment Bias Claims - Law.com

A federal appellate judge is the latest member of the judiciary to criticize the U.S. Supreme Court’s 52-year-old burden-shifting test for analyzing employment discrimination claims, urging the justices to clarify the framework or scrap it entirely.

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"Indeed, there are many other causes of action—breach of contract, business torts, fraud, negligence, and so on—that provide a remedy for employers when employees grossly transgress computer-use policies. The CFAA is the wrong tool for NRA’s project. With today’s holding, we mean to turn future litigants to other causes of action so that we do not make 'millions of otherwise law-abiding citizens [into] criminals,'" Judge Thomas L. Ambro said.

“While the Justices were careful to say that they ‘d[id] not ultimately decide’ the issue, their stay order reinforces our...



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