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In our last blog post, our employment discrimination lawyers discussed the egregiously racially hostile work environment was presented in Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023); and how the District Court Judge still through...
Today, we focus on hostile environment claims based on both race/color discrimination and gender discrimination under Title VII of the Civil Rights Act of 1964. To do so, we consider the recent case of Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir....
It is human nature to root for good over evil; for morality to triumph over inequity; and for light to drown out the darkness. For this reason, most stories portray the plight of a hero fighting against the villain. This is not one of those stories. This is the tale...
Imagine this scenario: You’ve put in years of hard work and dedication, mastering your role, and striving for that coveted promotion. You believe you deserve it, you’ve earned it, and yet, it slips through your fingers. Your mind races, searching for answers, and...
Today, we turn our attention to the recent case of Wiggins v. Universal Prot. Serv., LLC, No. 23-1054, 2023 WL 5014082 (3d Cir. Aug. 7, 2023), which has some very good facts that should support a gender discrimination and retaliation, as well as a possible religious...
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment based on race/color, religion, gender, gender identity, sexual orientation, and national origin. When it comes to failure to promote claims under Title VII, if an employer asserts...
Six decades ago, on August 28, 1963, Martin Luther King Jr. delivered his iconic "I Have a Dream" speech, a powerful call for racial equality and justice. His speech echoed the aspirations of millions striving for equality and an end to racial segregation. His words...
Ah, arbitration agreements. These legal novelties often come cloaked in fine print, making them as noticeable as a chameleon in a garden. In the age-old struggle between employees and employers, the employers will do anything to prevent employees from having their day...
Navigating Disability Accommodation and Leave In the vast labyrinth of employment law, there are moments when even the most seasoned employees find themselves lost, desperately searching for answers to questions that seem like they’ve been pulled from a legal version...
The Complex Interaction of Silence and Consequences in the Workplace Many employees work for a boss, manager, or supervisor who treats them well and has given them opportunities to succeed. That type of leadership instills a willingness to work hard and produce...
Large jury verdicts make the news. The large number is what everyone hears. It sets expectations. But those expectations may not be reasonable. For example, most people know about the $2.86 million award against McDonald’s for serving a too hot cup of coffee (which...
Let me start off by saying that I truly believe that the United States has the best justice system in the world. With that said, our justice system is far from perfect. When it comes to pursuing an employment claim, it's important to keep in mind that the justice...
In the intricate world of employment law, the Family and Medical Leave Act (“FMLA”) stands as a vital pillar, offering a lifeline to employees facing health challenges or family obligations. The recent case of Boston v. TrialCard, Inc. out of the United States Court...
Leda DaSilva-Flint worked for the United States Post Office. In applying for and accepting the job, DaSilva-Flint agreed to the Postal Service’s Standards of Conduct, which required her to be “be honest, reliable, trustworthy, courteous, and of good character and...
In Mueck v. La Grange Acquisitions, L.P., Clint Mueck, an operator at the Fashing gas plant in Texas, struggled with alcoholism. Although his alcohol consumption did not hinder his work performance, it led to legal consequences, including multiple alcohol-related...
Welcome, dear readers, to a compelling discussion in the world of employment law. Today, our disability discrimination and FMLA attorneys delve into the intriguing case of Rutledge v. Board of County Commissioners of Johnson County, Kansas, where an employee’s refusal...