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New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

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

Can an employer terminate an employee for conduct caused by a disability?

Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

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