Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
I’ll go ahead and file this one under: “Ya think?”
But perhaps I’m getting out over my skis. So, let’s see what you think. Continue reading
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 have to detail every sordid fact and incident. Indeed, a short, plain statement of the facts — enough to place the defendant on notice of the claims against it will suffice.
At the same time, those initial claims of sexual harassment must be plausible — even in California, the most employee-friendly state in the country.
Nothing ventured, nothing gained. Continue reading
Let’s start with what you probably know already — especially if you are an employment lawyer. Continue reading
To answer that question, I’ll first introduce you to “Jane.” Continue reading
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Continue reading
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. Continue reading
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 defendant in a quid pro quo sexual harassment lawsuit.
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