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Federal Law Update

The Cautionary Tale Of A Good Employment Case

by Brian Spitz | Jun 2, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

As my good friend, Kenny Rodgers, once said, “You’ve got to know when to hold ‘em, know when to fold ‘em, Know when to walk away, know when to run.” There comes a time in most every case when a plaintiff-employee can claim the win by settling the case. The trick is to...

Top Secret: Can Yanking Security Clearance Be An Adverse Employment Action?

by Brian Spitz | Jun 1, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

What is an adverse employment action? An adverse employment action constitutes “a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant...

What Employer Acts Can Support A Discrimination Claim

by Brian Spitz | May 30, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

How do you prove employment discrimination? Before we get to what employer acts constitute an adverse employment action, we need to discuss how it fits in with the other elements of an employment discrimination claim. Title VII of the Civil Rights Act of 1964...

Yes, You Can Be Fired For Not Passing Proficiency Tests

by Brian Spitz | May 26, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Alexander Reagan Ma’alona, a male Asian/Pacific Islander with dark brown skin, worked for the Transportation Security Administration (“TSA”) as a Transportation Security Officer from 2002 to 2012. After the September 11, 2001 terrorist attacks, Congress enacted the...

What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?

by Brian Spitz | May 25, 2023 | Employment Law, Family Medical Leave Claims, Federal Law Update

Today, we look at the recent United States Court of Appeals for the Eleventh Circuit case of Graves v. Brandstar, Inc., No. 21-13469, 2023 WL 3316741 (11th Cir. May 9, 2023). Jessica Graves was an employee of the Florida-based Brandstar Studios, which provided...

Sixth Circuit Tries To Help Employers Hide Wage Theft – Will It Backfire?

by Christopher Wido | May 24, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

As our overtime lawyers have blogged before, wage theft is an endemic problem in the United States. While some forms of wage theft might be obvious, most of the time it is insidious, or worse, employers lie to employees about their entitlement to the minimum wage and...

Hostile Work Environment: What Does “Severe Or Pervasive” Mean?

by Brian Spitz | May 23, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

In a recently decided case out of the United States Court of Appeals for the Fifth Circuit, Vanoy Allen sued her employer, Our Lady of the Lake Hospital, Inc., claiming that she was subjected to a racially hostile work environment. See Allen v. Our Lady...

Don’t Count On Judges To Do What You Expect

by Brian Spitz | May 19, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...

Columbus Swings And Misses On Wage Ordinance

by Brian Spitz | May 18, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

The City of Columbus in Ohio has just passed an ordinance that prevents employers from asking job applicants about their salary history during the hiring process. While the stated purpose of the law is important to correct historical discriminatory pay practices, the...

Can I Be Terminated For Refusing To Address Transgender People By Their Chosen Names And Pronouns?

by Matthew Bruce | May 17, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

YES. “Employment at will” is a legal doctrine in the United States that allows employers to terminate employees at any time and for any reason, provided that the reason is not prohibited by law – that includes for refusing to treat coworkers, customers, or other...

ADA What Happens When Both Employer, Employee Fail Interactive Process?

by Brian Spitz | May 16, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update

Our disability discrimination lawyers have frequently blogged about disabled employees’ ability to workplace accommodations under the Americans with Disabilities Act (“ADA”). As part of that discussion, our attorneys have described that the interactive process...

Can Using FMLA Block Previously Set Termination?

by Brian Spitz | May 12, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

In Byrd v. Clay Cnty., Texas, No. 22-10746, 2023 WL 3122462 (5th Cir. Apr. 27, 2023), the United States Court of Appeals for the Fifth Circuit recently addressed this very question. Linda Byrd already working for the Sheriff’s Office in Clay County, Texas when a new...

What Conduct Creates A Claim For Hostile Work Environment?

by Brian Spitz | May 11, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Yesterday, our employment discrimination lawyers discussed the failure to promote claim at issue in Wince v. CBRE, Inc., No. 22-1593, 2023 WL 3191422 (7th Cir. May 2, 2023). (See Can A Higher Degree Prove Failure To Promote?) Today, we look at Sylvester Wince’s...

Can A Higher Degree Prove Failure To Promote?

by Brian Spitz | May 10, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

While a higher level of formal education or a higher earned degree may make you more qualified for a particular job or promotion, it may not be enough – standing on its own – to prove discrimination in the hiring or promotion process. In Wince v. CBRE, Inc., No....

How Do You Prove Failure To Promote Under Title VII?

by Brian Spitz | May 9, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against individuals based on their race/color, religion, national origin, gender, gender identity, and sexual orientation. Likewise, the Age Discrimination in Employment Act of...

You Can Win Retaliation Claims Even If You Lose Discrimination Claims

by Brian Spitz | May 5, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Today, we look at the recent United States Court of Appeals for the Third Circuit case Stoval v. Grazioli, No. 20-2041, 2023 WL 3116439, at *1 (3d Cir. Apr. 27, 2023). In this case, Flavia Stovall, who is African-American, worked in the New Jersey Judiciary, Camden...

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