Yesterday, the EEOC released a new fact sheet on “What To Do If You Face Antisemitism at Work,” which, according to this survey, is a relatively common occurrence. Most of the fact sheet generally applies to any protected class. For example, the fact sheet states, “Title VII … prohibits workplace…
I’ll explain why a federal court determined the complaint of a sports radio talk show host failed to state a claim upon which relief could be based. On October 21, 2021, the plaintiff filed an employment discrimination and retaliation lawsuit against his former employer, contending that he was terminated due…
On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission (EEOC) announced yesterday that “the end of the declaration does not change the requirements of the federal equal employment opportunity laws discussed in this publication.” So, the EEOC took the opportunity…
Is it age bias? Or just business? In a decision I read last night, the plaintiff spent more than two decades working as a system technician for the defendant. According to the defendant, it made a business decision to terminate all employees holding the plaintiff’s position because of COVID-19 and…
Having done this now for over two decades, I understand how employers can often make employees feel underappreciated and even wronged. But not every slight and annoyance is tantamount to discrimination or retaliation. In a recent Second Circuit Court of Appeals decision, the plaintiff, a special-education teacher, appealed the dismissal…
There will come a time in your HR or employment law career when you must respond to a Charge of Discrimination filed with the United States Equal Employment Opportunity Commission by filing a position statement. The EEOC has a great resource on effective position statements and stresses that the position…
A few weeks ago, I blogged here about how a federal appellate court concluded that firing someone who isn’t a ‘good fit’ isn’t necessarily a coded phrase for discrimination. Still, I generally recommend to clients that they be more direct when terminating someone’s employment by explaining the legitimate business reason(s)…
After Sunday’s Philadelphia 76ers’ win over the Boston Celtics in Game 4 of the NBA playoffs, I didn’t think this week could get off to a better start. I was wrong. Yesterday, I was perusing the Wage and Hour Division section of the U.S. Department of Labor’s website because it’s…
Reductions in force are bad enough. Don’t let decisionmakers mishandle them and create litigation risks. The plaintiff in this case had worked for his current employer and its three predecessors for over 27 years in tech-related positions. He was 58 years old. In 2017, the plaintiff began reporting to a…
When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability — even if the harassment actually occurred — if it took prompt remedial action to protect the plaintiff. Also, if a plaintiff fails to take advantage of corrective opportunities the defendant…