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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...
You know what happens when Cinderella stays too long at the ball? Midnight strikes, the magic ends, and she’s stuck walking home barefoot. Basketball still on your fingertips when the buzzer sounds? Doesn’t matter if it swishes—the shot doesn’t count. Show up one...
When you take medical leave under the Family and Medical Leave Act (“FMLA”), you expect your job to be waiting for you when you return. But what happens if your employer says the position is no longer available? Do you have the right to be reinstated, or can they...
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...
Can Your Employer Fire You If A Medical Emergency Keeps You From Calling Off Work? The short answer: not if the Family and Medical Leave Act (“FMLA”) applies and you're too incapacitated to give notice. There are emergency medical circumstances that prevent employees...
Can An Employer Ban Beards for Safety Reasons? Firefighters protect lives every day, but what happens when one of them wants to wear a beard for religious reasons and their employer says no? That’s the religious discrimination issue at the center of Smith v. City of...
Employers don’t get to drag their heels when it comes to the rights of disabled employees. Delay, red tape, and endless demands for documentation can all add up to a failure to accommodate and disability discrimination lawsuit Americans with Disabilities Act (“ADA”)....
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+...
Details matter. Imagine someone telling you that a movie is “good.” That tells you nothing. But if they said, “It had incredible cinematography, a twist ending that blew my mind, and a soundtrack that gave me chills,” suddenly you are intrigued. In law, as in life,...
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 –...
When Kassandra Memmer went to work for United Wholesale Mortgage (“UWM”) in 2019, she had no idea what was ahead. While employed as a mortgage underwriter, and according to her employment discrimination lawsuit, Memmer faced sexual harassment from a coworker, gender...
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...
Most people don’t think of Human Resources as their first stop when they hear something racist at work. And who wants to be the employee always filing race/color discrimination complaints? But a recent decision from the United States Court of Appeals for the Fifth...
“[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...