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...
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...
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...
Employers must adjust employee performance standards to avoid penalizing employees on FMLA leave Suppose one of your employees, a widget maker, takes leave under the Family and Medical Leave Act. As a...
Are we seeing a trend? More judges aren’t falling for spurious COVID-19 religious accommodation claims. Earlier this week, I wrote about a judge calling out an employee for trying to cast a personal choice...
This Employee Relations Department redeemed itself (sort of). Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee...
In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired. This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at...
Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate. There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that...
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions Before discussing the jury verdict, I’ll tell you a little about how we got here. Let’s go back to...
Here are 105,000 reasons not to force an older worker to retire “When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not...
A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick. Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age...
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...
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...
A company must rehire a moonlighting comic it fired for his ‘inflammatory’ standup routine. About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts...
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies...
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...
“Vague and conclusory” allegations are not enough to pursue claims of discrimination in court. Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege...
85,286 reasons not to treat an employee differently because their family member is disabled The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are...
It may be okay to terminate someone after they complain about discrimination if… A university professor did not have her employment contract renewed after two years on the job. Why not? She...