"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more
Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...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
The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more
The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more
On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more