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....
Federal Law Update
Yes, You Can Be Fired For Sexually Harassing Multiple Women At Work
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...
Yes, You Can Be Denied A Promotion If You Refuse To Move To Where The Job Is Located
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...
Employment Discrimination: Don’t Go It Alone
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...
Discriminatory Failure To Promote Claim Relies On Being A Markedly Superior Candidate
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...
Employers Will Try Everything To Get Into Arbitration
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...
Can Employers Require Medical Documentation for Each FMLA Absence?
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...
Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment
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...
Judges Can Cut The Jury’s Award If They Chose
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...
When FMLA Ends, Employees Must Report Or Extend
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...