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The Employer Handbook BlogIn at least one court, employees don’t need doctors to establish ADA disabilities
How broad is the Americans with Disabilities Act‘s definition of “disability”? Continue reading
Articles Posted in Discrimination and Unlawful Harassment
They wanted to hire “Ken and Barbie.” What they got was a discrimination lawsuit instead.
Today, we will have a lesson on the differences between “direct” and “circumstantial” evidence of discrimination. Continue reading
Just because a manager is a crude jerk doesn’t mean he broke the law too
It takes a lot to establish what the law considers a hostile work environment. A former warehouse manager learned this lesson the hard way when a federal judge dismissed her complaint with prejudice before she even got the chance to take any discovery. Continue reading
Can an alleged harasser sue a workplace investigator for defamation if the report says not-so-nice stuff?
Here’s a situation that may arise from time to time. Perhaps, you’ve dealt with it too. Continue reading
The lawyers, man, sometimes they screw everything up.
That’s the vibe I got from reading this recent Fifth Circuit decision affirming the lower court’s dismissal of age discrimination claims. Continue reading
The guy who may have solicited prostitutes at work could win his retaliation lawsuit too
A recent decision from the Third Circuit Court of Appeals addresses the extent to which an employer may lawfully dig up reasons to terminate a current employee who has already sued for discrimination. Continue reading
Here’s how your company can basically GUARANTEE getting sued and going to trial
This one company I’m going to tell you about today allegedly acted so egregiously that it drew the attention of (and a lawsuit from) the U.S. Equal Employment Opportunity Commission. Continue reading
‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit.
You guys remember ‘Central Park Karen,’ right? Continue reading
Is a request to transfer away from a supervisor antagonist a reasonable accommodation?
Imagine a situation that, well, won’t be too hard to imagine. Continue reading
Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
Winning a retaliation lawsuit against an employer isn’t easy. Continue reading