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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...
“Just because you can doesn't mean you should.” The American legal system allows individuals to represent themselves in court. This practice is called acting pro se. Our lawyers have blogged regularly to warn employees about the complexities employment discrimination...
Since it has been a while since our employment discrimination lawyers have blogged about pregnancy discrimination, I have been on the lookout for a good case to use as a topic. Today, I came across the recently decided Biehner v. City of New York, No. 21-2922, 2023 WL...
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...
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...
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...
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...
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,...
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...
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...