Me? I probably would not tell the EEOC that I removed a Black employee from work because of her “introduction of race” into the workplace. Especially after she complained about race discrimination triggered by a question about attending a Black Lives Matter protest. But that is exactly what happened…
Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. TL;DR: After an employee raised “boys’ club” concerns, her employer placed her on a performance improvement plan about…
Not every denied accommodation becomes a viable lawsuit. Courts are still asking a simple threshold question before a discrimination case goes anywhere. TL;DR: In a recent Eleventh Circuit decision, the court affirmed summary judgment for the employer, holding that a denied religious accommodation does not violate Title VII unless it…
Pay equity disputes are rarely about a single salary decision. They turn on whether an employer’s explanation for a pay gap holds together once the facts are examined. A recent Seventh Circuit decision shows how reorganizations that blend promotions and transfers into the same role can expose cracks in that…
In Groundhog Day, the problem isn’t that the day repeats. It’s that nothing changes. At one point, Phil Connors captures the frustration perfectly: “What if there is no tomorrow? There wasn’t one today.” That same problem shows up when employers investigate complaints about a supervisor, conclude the conduct is not…
Whistleblower cases do not begin with evidence and proof. They begin with allegations. If those allegations are plausible, employers get forced into discovery. Under CEPA, that bar is very low. TL;DR: At the motion-to-dismiss stage, a claim under the New Jersey Conscientious Employee Protection Act (CEPA) does not require proof…
Hiring can feel like a checklist: background check, drug test, start date. But when an applicant raises a disability-related issue, those boxes stop being routine, and the Americans with Disabilities Act (ADA) starts asking questions. TL;DR: An applicant disclosed prescription medications that could affect a required drug test and…
If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. TL;DR: An employee argued that retaliation could be inferred because the employer’s harassment policy required managers to report complaints “up the ladder,” so…
Most employment cases fall apart because the evidence is thin or the comparators don’t line up. This one fell apart because of what the employee herself admitted – under oath. TL;DR: A Sixth Circuit panel affirmed summary judgment for an urgent care clinic after a front-desk employee was terminated…
The EEOC just pulled the plug on its most comprehensive harassment guidance. Some federal guardrails are gone, but the law is not – and neither are employers’ obligations. TL;DR: The EEOC has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace. The statutes prohibiting harassment did not change, but…