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An employee accused of misconduct can often name someone who supposedly got away with something similar. Employers should be prepared to explain why one employee receives different treatment than another, and good documentation can help.
TL;DR: A sheriff’s office defeated a detective’s sex-discrimination claim without a trial, and a federal appea...
A company retreat ended with coworkers pulling a man off an employee he sexually assaulted. The company kept him.
TL;DR: An employer won a federal case alleging harassment and a firing in retaliation for reporting an assault. The harassment claim was filed too late, and records supported the company’s reasons for firing the employee. The court ...
Your employee signed an agreement to arbitrate all employment disputes. But a single sexual harassment claim can bring an entire lawsuit, and every other claim with it, into court anyway.
TL;DR: The Second Circuit joined the Sixth and Ninth Circuits in holding that properly invoking the federal law allowing sexual harassment disputes to ...
A former EEOC employee says the agency’s LGBTQ+ rollbacks made his job intolerable, including changes he was required to help implement. A federal court has allowed his harassment, discrimination, and retaliation claims to proceed.
TL;DR: A former transgender EEOC employee can pursue harassment, discrimination, and retaliation claims tied to LG...
If a manager has to explain why telling an employee to stop going to HR was legally defensible, the conversation has already gone poorly.
TL;DR: An employer defeated a retaliation claim despite a manager linking promotions to an end to HR complaints. The decisive point: the employee’s relevant complaints described bullying and unpr...