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
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” Continue reading
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. Continue reading
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. Continue reading
A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. Continue reading
When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. Continue reading
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has the answer — and it might just change the way you manage your workplace. Continue reading
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. Continue reading
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination claim counts as sexual harassment, and only sexual harassment (or sexual assault) cases are exempt from arbitration. Continue reading
What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. Continue reading
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