How did a white man convince a jury to award him over $10M for race and gender discrimination? In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and...
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...
Join us today at Noon ET for The Employer Handbook Zoom Happy Hour to discuss the EEOC’s Pregnant Workers Fairness Act Final Rule You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner,...
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...
Next week, the feds will vote on whether to ban most noncompetes Yesterday, the Federal Trade Commission announced that it would hold a “special open Commission meeting” on April 23 to...
The EEOC has issued its final rules on the Pregnant Workers Fairness Act. So, let’s Zoom on Friday, April 19, 2024 at Noon ET. At long last, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers...
Man wins $1.5M discrimination verdict. Then the appellate court completely erased it. Here’s why… I want to tell you about an Army reservist whose employer investigated him for taking fraudulent leave. That investigation...
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...
When is an employer AUTOMATICALLY liable for a supervisor’s sexual harassment of a subordinate? Often, an employer has affirmative defenses when an employee accuses a supervisor of sexual harassment. But Title VII of...
Hair discrimination isn’t unlawful. But, firing a black employee because of her natural hair texture is. Congress has considered legislation several times that would prohibit employers from discriminating based on an individual’s hair texture or...
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...
Must employers excuse workers with strong religious beliefs from respect-in-the-workplace training covering LGBT topics After taking a few days off and rocking out in Seattle, I’m back to blogging about employment law. 🤘🤘🤘...
Court to Labor Board: Your “misguided attempt to find a labor-law violation” is “nonsense” Like The Rock laying the smack(eth) down on Cody Rhodes in a Chicago parking lot, a federal appellate court...
Some complaints of sexual harassment aren’t protected at all Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they...
Court to employers: Don’t wait too long to arbitrate employments claims A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business...
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...
“This case illustrates why the Americans with Disabilities Act (ADA) exists.” Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion. Ouch! But...
Generally, an employer duty to accommodate takes more than an employee merely disclosing a disability In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. The plaintiff, a lawyer who...
Let’s get back to basics: FMLA notice requirements Employees who want to take leave under the Family and Medical Leave Act must give at least 30 days...
“March Madness” is ***checks notes*** not a serious health condition. The NCAA Men’s Basketball Tournament began yesterday. Last night, I read that the average worker will spend seven hours...