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After Muldrow, courts find standard of ‘some harm’ challenging to apply to workplace clashes

In April of this year, the U.S. Supreme Court issued a decision with the potential to significantly alter the scope of employment discrimination claims. The case, Muldrow v. City of St. Louis, addressed what employer actions...more

Is being criticized by your supervisor ‘some harm’ and, therefore, discriminatory?

The recent U.S. Supreme Court decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The Supreme Court stated in...more

Employee can’t show firing was because of her gender

Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more

Employee says ‘Labor Board;’ Court says ‘Retaliation’

When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more

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