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Retaliation

The Cautionary Tale Of A Good Employment Case

by Brian Spitz | Jun 2, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

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...

Top Secret: Can Yanking Security Clearance Be An Adverse Employment Action?

by Brian Spitz | Jun 1, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

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...

What Employer Acts Can Support A Discrimination Claim

by Brian Spitz | May 30, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

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...

Yes, You Can Be Fired For Not Passing Proficiency Tests

by Brian Spitz | May 26, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

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...

Don’t Count On Judges To Do What You Expect

by Brian Spitz | May 19, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

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,...

Can I Be Terminated For Refusing To Address Transgender People By Their Chosen Names And Pronouns?

by Matthew Bruce | May 17, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

YES. “Employment at will” is a legal doctrine in the United States that allows employers to terminate employees at any time and for any reason, provided that the reason is not prohibited by law – that includes for refusing to treat coworkers, customers, or other...

Can Using FMLA Block Previously Set Termination?

by Brian Spitz | May 12, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

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...

What Conduct Creates A Claim For Hostile Work Environment?

by Brian Spitz | May 11, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

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...

Can A Higher Degree Prove Failure To Promote?

by Brian Spitz | May 10, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

While a higher level of formal education or a higher earned degree may make you more qualified for a particular job or promotion, it may not be enough – standing on its own – to prove discrimination in the hiring or promotion process. In Wince v. CBRE, Inc., No....

How Do You Prove Failure To Promote Under Title VII?

by Brian Spitz | May 9, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against individuals based on their race/color, religion, national origin, gender, gender identity, and sexual orientation. Likewise, the Age Discrimination in Employment Act of...

You Can Win Retaliation Claims Even If You Lose Discrimination Claims

by Brian Spitz | May 5, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Today, we look at the recent United States Court of Appeals for the Third Circuit case Stoval v. Grazioli, No. 20-2041, 2023 WL 3116439, at *1 (3d Cir. Apr. 27, 2023). In this case, Flavia Stovall, who is African-American, worked in the New Jersey Judiciary, Camden...

Not All Bad Employer Acts Create A Discrimination Claim

by Brian Spitz | May 4, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

In yesterday’s blog, we talked about how Abraham Freud lost most of his religious discrimination claims because he waited too long to file his claims. (Read about it here). Today, our employment lawyers are taking a closer look at the claims that remained. What is an...

If You Wait, You May Lose Your Discrimination Claim

by Brian Spitz | May 3, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Meet Abraham Freud. He is a special-education teacher working for New York City Department of Education. Freud is an Orthodox Jew, who feels that his employer has been discriminating against him for a long time – in fact, too long a period of time. What is a statute...

Wrongful Termination: How Do I Prove That I Am Qualified For The Job?

by Brian Spitz | Apr 27, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Recently, in Crivelli v. Montgomery County Emergency Services District Number 7, No. 22-20312, 2023 WL 2823065 (5th Cir. Apr. 7, 2023), the United States Court of Appeals for the Fifth Circuit address the issue of proving qualification for a particular job as part of...

Can “Not A Good” Fit Be Used To Excuse Employment Discrimination?

by Brian Spitz | Apr 26, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

As with most employment discrimination legal questions, the answer is “it depends.” Indeed, it will likely come down to the particular workplace facts as opposed to the law in question. As our employment discrimination lawyers have discussed often before, under Title...

Are You In A Legally Hostile Work Environment?

by Brian Spitz | Apr 25, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

There are certain things that are universally hated: bad drivers that flip you off because nothing is their fault, a sink full of dishes, clothing that is supposed to be in your size but is cut so small just to make you feel fat, cancer, being told to calm down when...

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