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The Employer Handbook Blog
Being denied coverage to use the bathroom (and a bunch of other stuff that isn’t discrimination)
When employees allege discrimination, they must prove an employer’s discriminatory motive and connect it to a particular adverse employment decision. An adverse action requires evidence of a significant change in employment status, benefits, or pay. Usually, the proof comes in the form of failure to hire, a firing, failure to promote, reassignment with significantly different responsibilities, or lost pay or benefits.
But, from a federal court decision I read last night, I’ve got a list of eight items that are not adverse enough on which to base a disparate treatment claim. Continue reading
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. 
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