It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.…
Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks…
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion,…
Last week, former President Trump made headlines (and blog posts) for firing Gwynne A. Wilcox, Chair of the National Labor Relations Board, even though her term was set to last until 2028. This week, Ms. Wilcox sued to get her job back. Here’s what’s happening and why it matters for…
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence. What Happened? An employee suffered a stroke and requested FMLA leave, which was later approved retroactively. During her…
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a…
Over the weekend, I came across a court ruling highlighting a surprising legal reality: an employee who admits to breaking company rules can still have a valid discrimination case. Here’s what happened: A team leader at a supermarket chain was responsible for overseeing the food service and deli departments. One…
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. In this case, an employee with a serious knee injury repeatedly asked for a reduced schedule, supported by a doctor’s note recommending shorter workdays, to manage pain and swelling. Even with…
Earlier this week, I searched for LGBTQ+ resources on the U.S. Equal Employment Opportunity Commission (EEOC) website. On Google, I found a page titled “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” But when I clicked the link, I got an error message: “The requested page could not be…
According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves…