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How Do You Prove Discriminatory Failure to Hire? Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
No, you cannot just say, “I do not want to move my family, so my employer has to let me stay put as a disability accommodation.” That is not how disability discrimination law works. A recent case from the United States Court of Appeals for the Seventh Circuit,...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...
We’ve all been there: a co-worker or supervisor does something that annoys us, and the urge to fire off a snarky or angry email feels almost irresistible. Maybe a customer complaint pushes us over the edge, or you feel like you're not getting the respect you deserve....
Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...
Temporary injuries in the workplace often raise critical legal questions about disability discrimination: Can these short term injuries qualify as disabilities under Americans with Disabilities Act (“ADA”)? Does the ADA even require an employer to provide any...
If you believe your employer discriminated against or harassed you or wrongfully fired you, your reflexive reaction might be to immediately run to the court with a lawsuit in hand yelling “I’m going to sue you!” However, this may cause many problems for employees....
Facing a demotion or pay cut due to your disability can feel isolating, but you are not alone. Many employees face uncertainty when their employer makes changes to their role after a disability arises. Certainly, it feels like disability discrimination. For George B....