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There’s a difference between behavior that’s offensive and conduct that’s actually unlawful. Just because something is rude, ignorant, or cruel doesn’t mean it crosses the legal line into unlawful discrimination. That distinction matters, especially in LGBTQ+...
Can your employer fire you during your probationary period without any warnings or progressive discipline? That depends. At-will employees (employees without contracts) can always be fired for any reason, no reason, or a dumb reason even during probationary periods –...
It might sound like something out of a twisted corporate playbook, but it happens more often than you’d think: an HR professional receives complaints about sexual harassment or race/color, gender, national origin, age, or sexual orientation discrimination; reports...
When employees face employment discrimination, sexual harassment, or wrongful termination, the law gives them the right to fight back. But before they can file a discrimination or wrongful firing lawsuit, there is an important first step: they must first go through...
“[A]nti-discrimination law does not make defendants liable for doing stupid or even wicked things; it makes them liable for discriminating.” Lizardo v. Denny’s, Inc., 270 F.3d 94, 104 (2d Cir. 2001). This powerful truth sets the stage for understanding a tough reality...
You can cook pasta, watch an epic sitcom scene, or jam out to “Free Bird” or “Purple Rain” in about 8 minutes. You can even listen to Don McLean’s “American Pie” before things go off the rails. And in 8 minutes, you can also change your future — for better or for...
In Bashaw v. Majestic Care of Whitehall, LLC, 2025 WL 700169 (6th Cir. Mar. 5, 2025), Kirstyn Bashaw, a Director of Social Services at Majestic Care, alleged she was wrongfully terminated in retaliation for being a whistleblower and reporting patient-care concerns and...
Which Motive Applies? Plus, Mixed Motive, and Alternative Claims Employment law, like any field dealing with the examination of people’s actions, can be a complex field. We recently looked over: “Plus” claims, where your employer discriminates against you due to your...
I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...
Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...