Last night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky terrain of retaliatory harassment and termination claims under Title VII. The former is not something I encounter too often, and there was enough “there there” in this case to send the claim of retaliatory harassment to a jury. Continue reading
Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case where an employee’s choice of attire—or lack thereof—led to a significant legal battle over retaliatory discharge. This recent federal court decision serves as a humorous yet critical reminder of the importance of timing and documentation in handling retaliation claims.
The Incident: A Wardrobe Malfunction
Picture this: It’s a typical evening in February 2022, and a truck driver for a hauling and grading company arrives at a warehouse in Houston, Texas. As she navigates the lot, she spots a co-worker strolling in front of his tractor wearing nothing but underwear and penny loafers. Naturally, she Facetimes another co-worker to share the “very odd and uncomfortable sight.”
‘Twas two nights before Christmas, in the Second Circuit’s hall,
A case was decided, with judges standing tall.
A plaintiff determined, with claims in her hand,
Against her former employer, she took a firm stand. Continue reading
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely from another state does not necessarily entitle employees to the protections of that state’s laws. This case serves as a critical reminder of the complexities surrounding jurisdiction in employment law. Continue reading
When an employee complains about discrimination or unethical business practices, there’s often a concern that they’ll construe any subsequent adverse employment action as retaliation. Continue reading
In 2015, the U.S. Equal Employment Opportunity Commission determined that a federal agency that denied an employee equal access to a common bathroom/facility corresponding to the employee’s gender identity discriminated based on sex and could not restrict a transgender employee to a single-user restroom. About five years later, the Supreme Court ruled that discrimination based on transgender status is sex discrimination in violation of Title VII.
Yesterday, the EEOC announced a lawsuit against several employers claiming that forbidding transgender workers from using restrooms consistent with their gender identity contributed to a hostile work environment based on their sex.
Continue reading
André Koehne, CC BY-SA 3.0, via Wikimedia Commons
Early in my career, I learned that it’s bad form for a lawyer to accuse another party of having “lied.” Judges generally frown upon this.
So, you can imagine that my interest was piqued when I read an Eighth Circuit decision issued yesterday weighing “the appropriate sanction for a plaintiff who lied in a deposition and withheld information.”
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
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