When the agency that enforces the nation’s anti-discrimination laws ends up defending one of its own under Title VII, that is not just newsworthy. It is a lesson for every employer about how bias, inconsistency, and poor process can sneak into even the most compliance-minded workplaces. TL;DR: A federal judge…
Articles Posted in Discrimination and Unlawful Harassment
If an employee leaves for another job, that’s a career move—not a claim.
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” TL;DR: A Philadelphia school employee who objected to a COVID-19 vaccination policy claimed religious discrimination after leaving for another teaching job. The Third…
Pumping rights after the PUMP Act: one employer’s old mistake, every employer’s modern lesson
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. TL;DR: A federal…
“I Wonder How That Would Work”: The Interview Question That Reopened a Sex-Discrimination Case
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. TL;DR: A First Circuit panel revived a federal postal employee’s Title VII sex-discrimination claim after her supervisor, while interviewing her for a promotion, remarked that…
When Timing Isn’t Everything: Why Pre-Complaint Documentation Can Defeat a Retaliation Claim
A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. TL;DR: An employee claimed that her employer retaliated after she raised race concerns. The Fourth Circuit affirmed summary judgment for the employer because contemporaneous records showed performance issues and leadership misalignment that began well before…
When Speech Crosses the Line: Anti-Discrimination Laws Protect People, Not Their Opinions
When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. TL;DR: A federal court just clarified a point that often gets blurred when discipline…
Meet the Lawyer Who Says 5% of Employees Cause 95% of Your Problems
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has the answer — and it might just change the way you manage your workplace. Join me for a live Zoom conversation with Todd Stanton, founder of Stanton Law and author of The 95%…
How careless leadership talk can tip a discrimination case
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. TL;DR:…
Can employers compel arbitration in sex discrimination cases, or is there a loophole?
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination…
When implicit bias training turns into a hostile work environment claim
What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. TL;DR: The Second Circuit revived a former school administrator’s hostile work environment claim under § 1983. She alleged that…