A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. Continue reading
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
In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. Continue reading
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.
Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.
You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? Continue reading
Sorry, 50 Cent, not that club. Continue reading
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
Stop me if this sounds familiar. Continue reading
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