The company had an anti-harassment policy, trained its employee-relations manager to investigate complaints, and opened one. Then it assigned the accused supervisor to counsel the employee who complained about him.
The employer offered him $400,000 to stay. He still claimed that workplace stress, microaggressions, and an abrasive executive amounted to race discrimination.
Let’s be honest: nobody dreams of ending up on the wrong end of an employment lawsuit. And yet, every year, well-meaning HR teams and in-house counsel find themselves scrambling to answer the question, “Wait, how did this become a case?” Continue reading
A hospital tech got caught sleeping on the overnight shift. Blaming a diabetes medication for it, only after getting caught, didn’t turn her firing into disability discrimination.
A hospital and university didn’t just demote an employee over his criticism of a race-based practice. They went on social media to trash him, and that’s the bigger legal problem.
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
The Third Circuit just predicted that New Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it.
COVID vaccination mandates may be behind us, but the lawsuits they generated are still shaping how courts analyze religious accommodation under Title VII. This Third Circuit decision is a reminder that an accommodation can still be challenged when it allegedly creates a new burden. Continue reading
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. Continue reading
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” Continue reading
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