Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Pregnant Workers Fairness Act Introduced in May,…
Articles Posted in Discrimination and Unlawful Harassment
Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. I did that last night when I read this Minnesota…
Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)
When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels. I also think of employer-friendly employment laws. But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Last…
Keeping open lines of communications, and other ways to demonstrate good faith under the ADA
A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act interactive process in good faith. Remote work during flare-ups The case involves a plaintiff with multiple sclerosis who worked in customer service at a hospital, the defendant. After…
Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. The EEOC newsroom is usually full of great blog fodder, and this press release about a recent $60,000 settlement of a unique retaliation lawsuit scratched my itch. According to the EEOC, it sued an employer…
Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
Are you ready for the employment law changes that 2023 has in store for your company? If you’ve been thinking about updating your employee handbook and onboarding documents but don’t know where to begin (or end), we’ve got you, fam. Join me and my employment law partners, Christina Bost Seaton,…
Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I’ll offer a brief history lesson. In July 2021, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was introduced in the U.S.…
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably. The Seventh Circuit concluded that a white man who was fired for effectively stealing from…
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.” Let’s test that theory today. Honest to a fault. The plaintiff in this case worked for a credit union. The…
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial. But plot twist! He didn’t. “I feel like you are racially discriminatory towards me.” The plaintiff, a black man, worked daily with the defendant’s President and Owner. One…