Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?”
The reasons are simple.
First, an adverse employment action – like termination,...more
7/17/2025
/ Adverse Employment Action ,
Age Discrimination ,
Appellate Courts ,
Damages ,
Decision-Making Process ,
Documentation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
Summary Judgment ,
Termination ,
Wrongful Termination
You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more
9/6/2024
/ Adverse Employment Action ,
Demotions ,
Employer Liability Issues ,
Employment Discrimination ,
Family and Medical Leave Act (FMLA) ,
Performance Reviews ,
Performance Standards ,
Protected Activity ,
Retaliation ,
Termination ,
Wage and Hour
Complete answers may be several years in the making. A year ago this month, in Groff v. DeJoy, the Supreme Court of the United States held that an employer who rejects a request for a religious accommodation “must show that...more
6/12/2024
/ Abortion ,
Adverse Impact ,
EEO ,
Failure to Accommodate ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Social Media ,
Southwest Airlines ,
Summary Judgment ,
Termination ,
Undue Hardship ,
Union Dues ,
Unions
Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more