“Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery, they requested three more months off to have a second surgery. We provided it. Then, they experienced even more complications that required even more surgery, and their doctor told us they…
I’m generally skeptical when I read about lawsuits that individuals accused of discrimination bring against their former employers. Last night, I read about a doctor who was terminated from his position after his former employer received an anonymous complaint allegedly accusing him of sex discrimination. The doctor (plaintiff) claimed that…
Federal laws, such as Title VII of the Civil Rights Act of 1964, apply to most U.S. businesses across the country to make it unlawful to discriminate and retaliate against employees. But when resolving claims of discrimination and retaliation, state laws generally come into play. And not all state laws…
Earlier this month, an employer learned the hard way that it could not rely on a contract provision to greenlight discrimination. For several years, a school district limited the annual earnings increases of teachers over age 45 to avoid a pension-contribution surcharge. Why? Because its collective bargaining agreement with the…
In my day, televisions had antennas, which you had to position just right to watch one of three channels, and I’m turning into my parents. Let’s talk about Family and Medical Leave Act interference instead. Last night, I read an Eleventh Circuit decision about an employee who had taken FMLA…
I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on Friday, November 10, 2023, when we discussed antisemitism and the workplace. We recorded it, and you can view it here on YouTube. One of the topics we covered was employees getting…
There is still time to register to join me, Amy Epstein Gluck, Jonathan Segal, and Gregory Slotnick at Noon ET today to discuss antisemitism and the workplace. Here are some of the more specific topics we intend to cover. What is (and isn’t) antisemitism? Regardless of your religion, how employees can act…
Let’s see if you agree with me. The defendant operated a hotel and event venue. The plaintiff had an opioid addiction and had been prescribed methadone to treat her addiction. She took methadone daily. In 2021, the plaintiff applied for the position of banquet bartender with the defendant. The plaintiff…
I’ve defended way more retaliation lawsuits than I can recall. The facts and circumstances may vary, but the law doesn’t. A plaintiff claiming retaliation generally must: (1) engage in protected activity (e.g., an internal complaint of discrimination or participate in an EEOC proceeding); (2) suffer a materially adverse employment action;…
Antisemitism is nothing new. About a year ago, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views of Jewish individuals and their perception of antisemitism in the workplace. Of those surveyed – remember, these are the people making the hiring decisions — 29% said antisemitism is acceptable in…