When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. Continue reading
When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. Continue reading
Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. Continue reading
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t laugh. Now a jury will decide whether this crossed the line from offensive to unlawful. Continue reading
Flamethrower messages torpedo an ADA claim in this no-nonsense ruling from a federal appellate court. Continue reading
Fired Over $15. Or Was It the HR Complaints?
A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags.
The Second Circuit said a jury should decide whether she was fired for taking the $15—or for speaking up. Continue reading
You’d expect a company to listen when its Chief People Officer—especially one with nearly three decades of labor and employment law experience—raises concerns about compliance. Instead, this employer—a law firm—reassigned her shortly thereafter and fired her within the week of returning from bereavement leave. A jury just awarded her $3.27 million for retaliation.
Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later.
Cue the lawsuit. Continue reading
Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. Continue reading
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