Articles Posted in Discrimination and Unlawful Harassment

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Did you know there’s a loophole in employment law big enough to fit an entire casino?

That’s not an exaggeration. In one recent case, an employee said she was pushed out after giving birth. She sued under the Fair Labor Standards Act. The court never even reached the merits because her employer was legally immune from being sued at all. Continue reading

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The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern District of Pennsylvania shows that even when courts apply that softer standard to quid pro quo harassment claims, retaliation still requires a higher level of proof, and neither test was met here. Continue reading

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What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” Continue reading

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Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. Continue reading

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When the agency that enforces the nation’s anti-discrimination laws ends up defending one of its own under Title VII, that is not just newsworthy. It is a lesson for every employer about how bias, inconsistency, and poor process can sneak into even the most compliance-minded workplaces. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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