Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. Continue reading
Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself.
And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. Continue reading
Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.”
This is part one of two. Tomorrow, we look at the court’s take on whether two unwanted physical encounters created a hostile work environment. Continue reading
A discrimination complaint can be genuine without being legally protected.
An employee learned that the hard way when her retaliation claim flatlined before it even got to trial.
A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it triggers retaliation protection under Title VII. Continue reading
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
A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. Continue reading
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
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
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
A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. Continue reading
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