Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.
Spoiler alert: it didn’t.
Notice anything potentially unlawful here? Continue reading
Stop me if you’ve heard this one before. Continue reading
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.
Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. Continue reading
Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.
Except when all you plead are “vague and conclusory” allegations.
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.
It’s called associational discrimination.
A university professor did not have her employment contract renewed after two years on the job.
Why not? Continue reading
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