The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims.
But there are some exceptions.
A plaintiff asserting a retaliation claim against his employer must establish three elements:
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more “liberal” justices.
But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored? Continue reading
While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was
hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical Assistance to include additional information on retaliation.
Anything 🤯? Continue reading
A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.
Is this retaliation? Continue reading
When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands.
But, how about a manager making faces? Continue reading