Can harassment of OTHERS help prove that a plaintiff endured a hostile work environment? Have you ever heard of me-too evidence? Plaintiffs in discrimination cases may attempt to introduce me-too evidence to the...
Yesterday, the Supreme Court cleared up when a job transfer may be discriminatory. But not really. Actually, not at all. Suppose an employer transfers an employee, and that employee believes that unlawful bias fueled the decision. Does that transfer...
Have you ever heard of an “intersectional” discrimination claim? A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because...
Can employers legally favor transgender employees over cisgender employees? The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the...
Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment. I’m going to tell you about a transgender man who worked for three years as a sergeant for a...
Can states legally ban “woke” training in the workplace? In 2022, Florida passed The Individual Freedom Act. But most people know this law as the “Stop W.O.K.E. Act,”...
There’s one state where bringing a sexual harassment claim is much easier than the rest In most places, a plaintiff who claims that their former employer sexually harassed them must establish that the conduct...
Do as I say, not as I do? (You won’t believe how much the feds paid to settle allegations of “egregious and continual sexual harassment.”) Federal agencies, like the U.S. Department of Justice, often publish news releases touting their lawsuits and significant judgments against...
An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion Folks, I did not have EEOC Commissioner Andrea Lucas giving billionaire Mark Cuban a public antidiscrimination lesson on my...
Help Wanted: Bartender. Must be biologically male Notice anything potentially unlawful here? Yesterday, several of us spoke with The Philadelphia Inquirer about the problem with a...
Here are forty thousand reasons why “equal pay for equal work” applies to male victims too A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal...
An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do. Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users...
Employee claims bias when employer failed to hire an inferior candidate. “Uh, Eric, don’t you mean the superior candidate?” You’d think I would, but I’m reading what the Seventh Circuit...
New employment laws may not just expose employers to liability; they may double it! Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more...
No, my guy, your employer did not unlawfully stereotype your masculinity by firing you for sexual harassment. I’m going to tell you about what may be the least self-aware employee. At least in recent memory. But...
As one person found out on Monday, it’s not so easy to prove sexual orientation bias when you’re straight. One of the largest jury verdicts in recent memory for a claim of employment discrimination was a $25.6 million...
Could a shoddy investigation into a complaint of discrimination lead to a viable lawsuit by . . . the accused? I’m generally skeptical when I read about lawsuits that individuals accused of discrimination bring against their former employers. Last...
A Tennessee man who claims he was fired from his job over tweets made in California can sue that person in Tennessee I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on...
“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!” If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation...