On Saturday, the Palestinian militant group Hamas carried out a surprise attack in Israel that reportedly left over 900 dead. Israel has since responded with a declaration of war.
What does this Middle East conflict have to do with employment law? Continue reading
According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.”
The same drug dealing felon Human Resources claimed said in his job interview that he would “do it all again” but ensure that he was not dealing with an undercover officer.
A little over five years ago, the U.S. Equal Employment Opportunity Commission sued an employer for disability discrimination. It claimed that the company, which temporarily granted a request to allow an employee with night blindness to work an earlier shift to avoid an evening commute, should have agreed to extend the accommodation. Its failure to do so violated the Americans with Disabilities Act, the EEOC alleged. Continue reading
I enjoy blogging about employment law. But occasionally, perhaps after a long day, I wish some of these blog posts would write themselves.
Last night, I got my wish. Continue reading
Finally, the U.S. Equal Employment Opportunity Commission has voted to issue new guidance on workplace harassment.
I’m speaking figuratively, of course. Taxpayer dollars do not support judges bruising and battering litigants who appear in court.
However, the defendant is probably still smarting from this recent Fifth Circuit decision, in which the court overturned a lower court ruling dismissing the plaintiff’s claims that the defendant failed to accommodate his religious beliefs. Continue reading
Many of you accumulate vacation days at work throughout the year. So did the plaintiff in this recent federal court decision. She alleged that when her employer denied her requests to use her unused, accrued vacation in 2018 and 2019, it discriminated against her based on her sex, seemingly because it allowed other men to use vacation on the dates she wanted.
Is that sex discrimination? Continue reading
An employee who claims retaliation in federal court must demonstrate they suffered treatment was “materially adverse,” i.e., something that could reasonably have dissuaded a reasonable worker from participating in a protected activity, like complaining about discrimination.
Last night, I read a decision from a federal judge in New York weighing allegations that the plaintiff’s supervisors knew the plaintiff had filed several EEO complaints and then retaliated against her.
But were the acts of retaliation “materially adverse”? Not really. No.
…the plaintiff missed the mark. Badly.
On the plus side, I get a blog post out of it.
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