Having done this now for over two decades, I understand how employers can often make employees feel underappreciated and even wronged. But not every slight and annoyance is tantamount to discrimination or retaliation. In a recent Second Circuit Court of Appeals decision, the plaintiff, a special-education teacher, appealed the dismissal…
There will come a time in your HR or employment law career when you must respond to a Charge of Discrimination filed with the United States Equal Employment Opportunity Commission by filing a position statement. The EEOC has a great resource on effective position statements and stresses that the position…
A few weeks ago, I blogged here about how a federal appellate court concluded that firing someone who isn’t a ‘good fit’ isn’t necessarily a coded phrase for discrimination. Still, I generally recommend to clients that they be more direct when terminating someone’s employment by explaining the legitimate business reason(s)…
After Sunday’s Philadelphia 76ers’ win over the Boston Celtics in Game 4 of the NBA playoffs, I didn’t think this week could get off to a better start. I was wrong. Yesterday, I was perusing the Wage and Hour Division section of the U.S. Department of Labor’s website because it’s…
Reductions in force are bad enough. Don’t let decisionmakers mishandle them and create litigation risks. The plaintiff in this case had worked for his current employer and its three predecessors for over 27 years in tech-related positions. He was 58 years old. In 2017, the plaintiff began reporting to a…
When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability — even if the harassment actually occurred — if it took prompt remedial action to protect the plaintiff. Also, if a plaintiff fails to take advantage of corrective opportunities the defendant…
Last night, I read a decision from a federal court in New York involving a plaintiff, who is Jewish, who claimed that her employer and her supervisor discriminated against her based on her religion. The plaintiff identified many incidents that, in her view, demonstrate bias against her as a Jewish…
Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have…
Here’s the thing. When a plaintiff asserts a disability discrimination claim against a current or former employer, one of the elements of the claim is establishing … wait for it … a disability. It’s critical. Even in an employee-friendly state like New Jersey. I read a New Jersey appellate court…
I’ve seen my share of lawsuits in which plaintiffs use discrimination as an excuse for the performance issues that led to their termination of employment. Although. I have yet to meet a plaintiff-employee whom the defendant-employment can convince to dismiss his discrimination lawsuit because there was no discrimination to begin with.…