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Gorsuch Would Lay McDonnell Douglas Test To Rest

Law360, New York (January 31, 2017, 11:10 PM EST) -- Alan Rupe

Jeremy Schrag With one of the judges in our Tenth Circuit Court of Appeals now officially nominated to the U.S. Supreme Court, we expect to continue being bombarded with questions about him. Most recently, we were asked, “What effect will Judge Neil Gorsuch have on employment law?” Knowing his opinions, we can safely say that — if Judge Gorsuch has his way — the McDonnell Douglas test will be laid to rest.

The McDonnell Douglas test is a framework used in employment discrimination cases...
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