Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. According to the EEOC’s lawsuit, the general manager complained to the company’s Acting Chief…
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Indeed, the tighter the temporal proximity between the two events, the more likely the employee will perceive that the employer retaliated against them for their complaint. But. I read a commonsense Ninth…
No. At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. That’s what I took away from a recent federal court decision involving a military veteran who suffers from Post-Traumatic Stress…
Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints. Ironically, the subject of the investigation was an HR supervisor. One of her subordinates complained to the HR Supervisor’s…
Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit. According to the EEOC, a human resources manager received and subsequently investigated a complaint of sexual harassment against the company’s general manager. The EEOC alleged…
Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. According to the complaint filed in Michigan state court earlier this month, a 27-year-old African-American man from Detroit applied…
A company fired an employee who objected to completing mandatory unconscious bias training. He claimed retaliation, but an appellate court disagreed and dismissed his lawsuit. I’ll explain why. In 2020, a company official emailed all employees with the subject line: “Continue to Fight for Social Justice.” In the body of…
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science. Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. The case involves an…
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin. Last week, a federal…
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Generally, when an employer believes that an employee engaged in behavior that warrants termination of employment, an employee who claims discrimination will lose…