News & Analysis as of July 23, 2025

Discrimination › Disciplinary Proceedings

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

Parker Poe Adams & Bernstein LLP on 6/20/2025

Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Davis Wright Tremaine LLP on 7/22/2020

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

Employment News - July 2017 #4

Hogan Lovells on 7/24/2017

Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more

These Foolish Things – The Oddest Employment Issues of the Past Year

Littler on 3/30/2017

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

Employment News - March 2017 #1

Hogan Lovells on 3/6/2017

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Department of Education Releases New Guidance on SROs, Police in Schools

Franczek P.C. on 9/21/2016

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Lessons For The NFL And Employers From “Deflategate”

Pullman & Comley - Labor, Employment and... on 6/22/2015

To begin with, full disclosure: I am a lifelong New England Patriots fan (and season ticket holder). However, as an attorney I am trained to be objective. The aftermath of the “Deflategate” investigation should be of...more

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