What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed…
Articles Posted in Retaliation
How a “Reasonably Informed” Investigation Saved This Employer in Court
Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. TL;DR: A truss manufacturer fired a production-line employee…
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…
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…
The EEOC’s $350K Reminder: Retaliation Has No Expiration Date
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement. TL;DR: The EEOC announced a $350,000 settlement with two Arkansas…
🎷 ‘Careless Whisper’ Isn’t a Title VII Claim
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a…
When a “machismo” culture isn’t enough to prove discrimination
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…
What happens when a nurse tests positive for opiates, claims bias, and sues under four different statutes?
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids…
ICYMI: Religious Rights Are the New Frontline in EEOC Enforcement
The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of…
Five lessons for employers from a high-stakes performance review dispute
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…