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Federal Law Update

Hiring The Wrong Attorney Can Seriously F’Up Your Employment Case

by Brian Spitz | Nov 10, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

It is important to get an attorney to help you with your employment claims, be it for race or religious discrimination, sexual harassment, or especially an overtime pay violation. But not just any attorney or law firm will do. Bad things happen when you hire the wrong...

Employer Liable For Boss’s 6-Year-Old Kid Calling Worker N-Word

by | Nov 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

Little ears pick up everything you say. Sometimes they repeat what they hear at school or to their friends. It could be about marital issues or what you think about your favorite sports team. However, when you preach racist beliefs at home, your kid will repeat that...

Can My Boss Hide Behind Excuses When Discriminating Against Me?

by Brian Spitz | Nov 8, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Let’s state with the premise that most of the dumbest bosses and supervisors know that it unlawful to discrimination against employees on the basis of their race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, disability, and age....

Can I Be Fired For Reporting Racist Customers?

by Brian Spitz | Nov 7, 2022 | Employment Discrimination, Employment Law, Federal Law Update, Race Discrimination, Retaliation, Wrongful Termination

Most of the time, employees are protected from reporting any racial discrimination or harassment in the workplace, even when it is from customers, clients, delivery people, the landlord or whoever else steps foot into where you work. Sometimes, however, the only thing...

Race And Gender Won’t Save Bad Employees From Being Fired

by Brian Spitz | Nov 4, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In order to state a wrongful termination or employment discrimination under Title VII of the Civil Rights Act of 1964, an employee must point to and adverse employment action taken by the employer based on the employee’s protected class. Specifically, Title VII...

Is A Work Transfer Considered An Adverse Employment Action?

by Brian Spitz | Nov 3, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

What is considered an adverse employment action in workplace discrimination cases? Under Title VII of the Civil Rights Act of 1964 and other federal anti-discrimination statutes, it is unlawful for employers to take an adverse employment action against an employee...

What Evidence Do I Need To Prove Hostile Work Environment And Constructive Discharge?

by Brian Spitz | Nov 2, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In today’s blog, we look at a recent United States Court of Appeals for the Fifth Circuit decision, Bye v. MGM Resorts Int’l, Inc., No. 22-60034, 2022 WL 4533723, at *5 (5th Cir. Sept. 28, 2022). The focus of this blog is about why it is absolutely critical to timely...

What Can I Do If My Manager Revenge Lied To HR?

by Brian Spitz | Nov 1, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

John Ford said that “revenge proves its own executioner.” That is especially true in employment law where employers often find themselves in a much worse situation because they chose to get back at employee for reporting discrimination to human resources or complained...

Some Judges Will Just Get Employment Law Wrong

by Brian Spitz | Oct 28, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Sexual Harassment

Our employment discrimination lawyers have repeatedly discussed that there is no perfect or guaranteed case because of the variables and risks inherent in the judicial system – namely judges and juries. (Best Law Read: According To Judges, Are Bumblebees Considered...

Will My Employer Be Liable For Coworker Sexual Harassment?

by Brian Spitz | Oct 27, 2022 | Employment Law, Federal Law Update, Gender Discrimination, Sexual Harassment, Wrongful Termination

How do you prove sexual harassment in the workplace? Top Sexual Harassment Attorney Answer: In order to win a sexual harassment hostile-work-environment claim under Title VII of the Civil Rights Act of 1964, an employee must present evidence to show that (1) he or she...

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