The $11.5 million verdict against SHRM survived. Now the court’s explanation of why offers a sharper lesson than the verdict itself.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
The Third Circuit just predicted that New Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it.
She signed a severance release, collected her benefits, and then sued anyway. The Sixth Circuit just explained why that didn’t work – and why the employer’s paperwork made all the difference.
Some employment cases turn on close calls, messy comparators, or shaky documentation.
This one turned on something simpler: an employee who admitted to a string of workplace misconduct and still tried to turn the termination into a discrimination, retaliation, and hostile-work-environment case. Continue reading
That escalated quickly.
A university fired its HR director and asked him to return his work laptop. He refused for months. Campus police eventually obtained a felony arrest warrant. When the former employee finally showed up with the laptop, officers arrested him. He then sued for retaliation. Continue reading
Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. Continue reading
A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment.
But she loses. Continue reading
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