It happens from time to time. A client or a party representing themselves has what they think is a brilliant idea – “I will just write a letter to the judge or the court and explain my situation and they’ll understand.” This type of ex parte communication (talking to...
Federal Law Update
Can Public Harassment Regarding Work Performance Create A Hostile Work Environment?
Imagine being publicly criticized by your boss in front of your colleagues over and over again. You feel singled out and humiliated, especially when threatened with termination in front of coworkers. But does this rise to the level of a legally hostile work...
Is Refusing A Perceived Racist Order A Protected Activity Under Title VII?
Many people assume that only individuals in protected classes - such as those facing discrimination due to race/color, gender, national origin, religion, or age - can file complaints or be protected from retaliation under laws like Title VII. But as the case of...
Can I Lose A Wrongful Termination Claim And Win A Hostile Work Environment Claim? Yes.
When people think of age discrimination, they often picture corporate boardrooms where older employees are pushed out in favor of younger, “fresh” talent. But age discrimination doesn’t just happen in offices—it can happen anywhere, even in police departments. Just...
When Employers Accommodate But Not Exactly How Employees Want: Can I Sue?
Nathaniel King’s battle against DFW International Airport is a case study in what happens when an employee’s desired accommodations don’t align with what an employer is required to provide Americans with Disabilities Act (ADA). King, who had several debilitating...
Employers Should Not Say The Quiet Part Out Loud
Sometimes, employers just can’t help themselves—they say the quiet part out loud. Whether it’s making inappropriate racist or sexual harassment comments or, in the case of Edwin Jones’s supervisor, outright threatening employees with retaliation, these statements...
Can You Prove Race Discrimination If Other White Employees Were Treated Better?
In any workplace, it’s frustrating when you feel like you’re being treated unfairly. Maybe you didn’t get the promotion you were expecting, or you were disciplined more harshly than your coworkers. But when you’re trying to prove race/color discrimination, it’s...
Can You Sue Your Boss (Or Their Lawyer) For Lies Told To EEOC Or In Court?
We’ve all heard some outrageous things said in the workplace, especially when a boss or manger is trying to cover their tracks after being accused of employment discrimination. And when a case heads to the Equal Employment Opportunity Commission (“EEOC”) or court,...
Yes, You Can Be Fired For Being A Bad Boss – Even If You Complain About Discrimination
Under Title VII of the Civil Rights Act of 1964, employees are protected from retaliation because they opposed or filed a charge of employment discrimination or harassment. With that said, the filing of a charge of race/color discrimination does not provide blanket...
How Can I Prove That I Was Terminated Based on Race Discrimination?
In most cases, employees are unable to provide direct evidence that they were terminated because of their race or another protected class under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), or the Age Discrimination in...