Most employment cases fall apart because the evidence is thin or the comparators don’t line up. This one fell apart because of what the employee herself admitted – under oath. TL;DR: A Sixth Circuit panel affirmed summary judgment for an urgent care clinic after a front-desk employee was terminated…
Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on…
Courts see plenty of promotion disputes that boil down to one familiar complaint: I should have gotten the job.The Fourth Circuit just explained why that argument usually is not enough. TL;DR: In a published decision, the Fourth Circuit affirmed summary judgment for an employer facing a Title VII failure-to-promote claim.…
Several readers of this blog have floated the idea that Muldrow v. City of St. Louis — the Supreme Court’s recalibration of what counts as actionable harm in discrimination cases — might ripple into harassment standards. One federal appellate court recently explained why it doesn’t. TL;DR: The Tenth Circuit held…
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to…
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and…
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…
If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. TL;DR: A 25-year warehouse employee with a long record of strong reviews…
Diversity goals can strengthen a workplace — or, in some cases, spark a lawsuit. Just ask Clorox, now facing a revived gender discrimination claim despite its well-meaning initiatives. TL;DR: A white, male Clorox salesperson alleged age, race, and gender discrimination after he was let go during a company reorganization. Although…
A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that…