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The Employer Handbook Blog
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.
Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.
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Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. 