Federal Law Update

Was I Constructively Discharged?

How do you prove wrongful termination? To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the employee was fired,...

EEOC Releases Revised Anti-Harassment Guidelines for Sexual Orientation and Gender Identity

Will the EEOC’s update to its enforcement guidance help employers address issues related to the LGBTQ+ community? Probably not, but it is a great start. Across the United States, sexual orientation and gender identity remain subjects of extensive debate and political...

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...

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...

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