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When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
Every year, like clockwork, the Equal Employment Opportunity Commission (“EEOC”) reminds us just how out of touch it is with the realities faced by ordinary workers. The 2024 Annual Performance Report and the Office of General Counsel’s Fiscal Year 2024 Annual Report...
It is no secret that adoption can be a lengthy and often confusing process. Understandably, one of the major questions families considering adoption face is, “Can I take maternity or paternity leave for adoption?” In classic legal fashion, the answer is “it depends.”...
Last week, the Equal Employment Opportunity Commission (“EEOC”) finalized its regulations in line with the Pregnant Workers Fairness Act (“PWFA”). The Pregnant Workers Fairness Act, a law in the United States, aims to eradicate discrimination and guarantee workplace...
Let’s start off with the undisputed truth: Arbitration is bad for employees. In March 2022, in a bipartisan effort, Congress enacted, and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law that precludes employers...
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...