Articles Posted in Gender

Why Constructive Discharge Is Harder to Prove Than Employees Think

January 15, 2026 | by Eric B. Meyer

Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on whether working conditions were truly intolerable.

A recent federal court decision out of Arkansas reinforces that point. Continue reading

Courts Are Not Super-Personnel Departments (And This Promotion Case Proves It)

January 9, 2026 | by Eric B. Meyer

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Courts see plenty of promotion disputes that boil down to one familiar complaint: I should have gotten the job.
The Fourth Circuit just explained why that argument usually is not enough. Continue reading

Hostile Work Environment Claims After Muldrow: What Changed, What Didn’t, and Why Courts Are Drawing the Line

December 1, 2025 | by Eric B. Meyer

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Several readers of this blog have floated the idea that Muldrow v. City of St. Louis — the Supreme Court’s recalibration of what counts as actionable harm in discrimination cases — might ripple into harassment standards. One federal appellate court recently explained why it doesn’t. Continue reading

So-Called “Reverse Discrimination”: Easier to Start, Still Hard to Finish

September 17, 2025 | by Eric B. Meyer

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A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to start. But as this Sixth Circuit opinion shows, they are still hard to finish without evidence that sex was the real reason for the decision. Continue reading

When a “machismo” culture isn’t enough to prove discrimination

September 3, 2025 | by Eric B. Meyer

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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. Continue reading

Five lessons for employers from a high-stakes performance review dispute

August 15, 2025 | by Eric B. Meyer

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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. Continue reading

A Bad Comparator and Ugly Timing Can Wreck a Good Layoff

August 4, 2025 | by Eric B. Meyer

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If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. Continue reading

DEI Meets Discrimination? Why Clorox Couldn’t Wipe Away a Gender Bias Lawsuit

April 29, 2025 | by Eric B. Meyer

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Diversity goals can strengthen a workplace — or, in some cases, spark a lawsuit. Just ask Clorox, now facing a revived gender discrimination claim despite its well-meaning initiatives. Continue reading

DEI, Quotas, and Termination? A Court Says the Lawsuit Can Proceed

March 28, 2025 | by Eric B. Meyer

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A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that his allegations, if true, plausibly suggest unlawful bias. Continue reading

No Women Allowed? That’ll Cost You $1.6 Million

March 13, 2025 | by Eric B. Meyer

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Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be an understatement, unless the stove had ten or so rows of burners.

But, don’t get it twisted. Continue reading

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