Articles Posted in Discrimination and Unlawful Harassment

Orange Lamborghini Gallardo LP560 fl

With over 24 hours to marinate, I think back on Super Bowl LI and I’m still amazed.

I mean, how good does The Fate of the Furious look! Pretty sure there was a submarine chasing an orange Lamborghini on a frozen tundra! Yeah, now I know what Charlie Sheen truly meant by “Winning!”

Look, my betting days (largely derivative of my Vegas card-counting past) are behind me. But, while I’m here to dispense non-legal employment-law advice — we’ll get to that in a sec — I can give you a little non-gambling wagering advice too. If I had a spare sawbuck, I’d plunk it down on a parlay of Jason Statham for Best Supporting Actor and The Rock/Vin Diesel (tie) splitting the Best Actor award at the 2018 Oscars. Just sayin’.

And, here you probably thought that your Respect Cup for me couldn’t runneth over.

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Neil_Gorsuch_10th_CircuitI hear many of you are dying for my hot take on how Tenth Circuit Judge Neil M. Gorsuch may shape employment law as a member of the U.S. Supreme Court. Then again, those could be the voices in my head.

***Q-tips***

Ah, that’s better. Where was I? Oh yes, happy Groundhog Day.

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The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.

In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.

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Gay friendly church

In a transgender-bias case with an employer-defendant concerned about having to violate its sincerely-held religious beliefs, the employee informed a federal appellate court last week that she is “reasonably concerned that the EEOC may no longer adequately represent her interests going forward.

Wow! Wow! WOW!!!

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