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Do Public Employees Have First Amendment Free Speech Rights At Work? Yes, public employees have free speech rights under the First Amendment. But those rights are not unlimited when it comes to workplace conduct. Courts apply a balancing test: does the speech address...
If your boss does something inappropriate, unfair, or just downright disrespectful, it is natural to wonder whether you can sue. After all, employees should not have to put up with bad behavior at work. But here is the hard truth: just because your employer acts badly...
Let’s say you’re a tenured law professor at a prestigious law school. You’ve got the job security with tenure that most people only dream about. But then you disrupt a student conference, yell at the dean’s assistant, publicly blast your colleagues through a faculty...
Sometimes, your own words can come back to haunt you—especially if you say the wrong thing to the EEOC. Just ask Adam Gomez. When he filed an charge with the Equal Employment Opportunity Commission (“EEOC”) against his employer, he checked the box that said he was not...
Some employees believe that once they report race/color discrimination, they have a shield against getting fired. And they do - but only from being retaliated against for reporting the racial discrimination. But that anti-retaliation protection can quickly crumble if...
Today, I want to talk about something that really grinds my gears and that you as a potential employment law plaintiff should be very wary of – contractually shortened statutes of limitations. Unless you are an avid reader of this blog, you may be unaware that...
If employment discrimination laws were a game, they would be Sudden Death. One wrong move—one missed deadline, one skipped deposition, or one badly written complaint—and your entire claim could vanish for good. Just ask LaChelle Bowers, whose entire race/color...
Retaliation is one of the most common concerns that employees have after reporting employment or harassment. Fortunately, Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to punish an employee for speaking up about race/color, gender...
It doesn’t matter how strong your facts are—if you can’t present them properly, they won’t make a difference. In employment law, your complaint is your voice. And when that voice is silenced by sloppy or unclear legal drafting, even the most outrageous employment...
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+...