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Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside.
Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it. Continue reading
By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link
After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: Continue reading
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It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change.
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Retaliation is one of the most common employment claims pursued in court. Indeed, it’s the #1 claim individuals make at the U.S. Equal Employment Opportunity Commission (EEOC).
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Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news.
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Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.
Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.
And based on this federal court opinion I read recently, the answer is still no. Continue reading
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(Eric, have you been drinking Peach Schnapps again?) Continue reading
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Please don’t tell my wife. Continue reading
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I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading
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Fred the Oyster [Public domain], via Wikimedia Commons
Monster’s advice is pretty spot on. Except, that is, when the individual later decides to assert claims of hostile work environment and constructive discharge.
Because, as you’ll find out in this post, nothing undermines those claims like a thoughtful resignation letter. Continue reading
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