Last month, a federal appellate court concluded that training delays, a denied vacation request, and a transfer to a different shift that interfered with the plaintiff’s childcare arrangements could all support a discrimination claim—even though the plaintiff never lost his job. It could be the new normal since the Supreme…
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others. On paper, it didn’t sound good for…
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? It’s called the “same-actor inference.” As a New York…
A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them. It’s a reminder that employers can require individuals to perform the essential functions of the…
Is this post safe for work? Yes, it is. Did I write it in Incognito mode, just in case? Yes, I did. A recent California decision offers employers a good reminder about the importance of applying work rules and policies evenly to avoid potential discrimination claims. The case involves a…
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…
Employers don’t have crystal balls. Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but…
As a thank you to the many readers who provided me with stellar Dallas-area BBQ recommendations, like the one featured above from Hutchins BBQ in McKinney, I’m sharing a tool that the U.S. Department of Labor recently announced to provide workers with disabilities and employers ideas for workplace accommodations. The…
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Typically, when administrations change, so does the makeup of the federal administrative…