Employee Fails to Connect Racial Acts to Adverse Action
A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it...
View ArticleCase Study: Court Razes Architect’s Failure-to-Accommodate Suit
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no...
View ArticleFacebook Messenger for FMLA Leave Requests? Maybe
Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related...
View ArticleCase Study: Dish Network Disconnects on Arbitration Agreement
You would think drafting an arbitration agreement should be simple enough. After all, arbitrating employment discrimination claims was court-approved several decades ago. But issues still persist, as...
View ArticlePause and Think Before You Terminate Employees
While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing...
View ArticleHow Changes to the ‘Family Glitch’ Affect Workplace Health Plans
Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria...
View ArticleNew Year’s Resolutions Every Employer Should Make
As the new calendar year begins, many organizations are wisely asking, “What can we do to protect our business assets from an employment law perspective?” This is a great question, and the beginning...
View ArticleCase Study: Postal Worker’s Retaliation Claim Comes Up Short
It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as...
View ArticleTrue or False: Opposing Discrimination Gives Green Light for Employee Misconduct
Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas...
View ArticleWhistleblower Retaliation Burdens of Proof: Murray v. UBS Securities
On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX). Plaintiff Trevor Murray alleges he...
View Article
More Pages to Explore .....