An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace. When a plaintiff initially presents these claims in court an initial filing, she does not…
The answer is yes. (You weren’t expecting that, were you?) But here’s the thing. The company must base its decision not to rehire a former employee on a legitimate reason. For example, suppose an employee worked as a bartender, and the company terminated her employment for being late to work…
Nothing ventured, nothing gained. Last night, I read a Pennsylvania federal court decision about an employer who tried to use an arbitration agreement with its employee to stop an investigation by the Pennsylvania Human Relations Commission (PHRC), the state’s version of the U.S. Equal Employment Opportunity Commission. Consistent with a…
Let’s start with what you probably know already — especially if you are an employment lawyer. To prevail on a hostile work environment claim, a plaintiff must show that she was harassed based on some protected class. In plain English, enduring hostile behavior isn’t enough. A woman alleging a hostile…
To answer that question, I’ll first introduce you to “Jane.” Jane isn’t her real name, but we’ll go with it for this post. Jane claimed that her employer discriminated against her in violation of the Americans with Disabilities Act when it fired her because she had asthma. Her asthma, according…
While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S.…
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Two years ago, the EEOC announced that it had sued a staffing company that allegedly honored requests that some business clients made over several years to fill positions with only male workers. The EEOC…
At noon ET today on Zoom, we aim to cover everything employers need to know now about the Federal Trade Commission’s blunderbuss Non-Compete Rule. (We may have a few seats left. Click here to register for this free Zoom powered by HRLearns.) If we don’t actually cover “everything” this afternoon, I wanted to highlight here three arguments from a brief…
Well, not me. But, a former employee claimed it happened to him. So, let’s cue R.E.M. and talk about religious expression in the workplace. According to the complaint filed in federal court, the plaintiff had the chops to succeed at his job. However, a new manager, “by his derogatory language…
Kind of sounds like the start of a beautiful movie or novel, doesn’t it? Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and…