I want to tell you about an Army reservist whose employer investigated him for taking fraudulent leave. That investigation spawned a grand jury indictment for theft. The employee was booked, detained in jail, suspended from his job, and eventually fired.

Yada, yada, yada, a federal jury awarded the employee $1,500,000. Continue reading


A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.

Whoa, whoa, whoa! Hold up. Continue reading


Congress has considered legislation several times that would prohibit employers from discriminating based on an individual’s hair texture or hairstyle if that hair texture or that hairstyle is commonly associated with a particular race or national origin.

But it has never passed.

Why? Because many believe that this law is unnecessary since Title VII of the Civil Rights Act of 1964 already forbids discrimination based on race and national origin. Continue reading


The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”

I’ll explain why. Continue reading


After taking a few days off and rocking out in Seattle, I’m back to blogging about employment law. 🤘🤘🤘

Today, we pull back the curtain and reveal how the U.S. Equal Employment Opportunity Commission will address failure-to-accommodate claims under the Supreme Court’s new religious accommodation standard established last year in Groff v. DeJoy. Continue reading


Like The Rock laying the smack(eth) down on Cody Rhodes in a Chicago parking lot, a federal appellate court recently pummelled the National Labor Relations Board. Although to be clear, no one was harmed as part of the DC Court of Appeals’ recent ruling about the contours of employee surveillance.

I’ll tell you what happened.

Continue reading

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