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“I would never hire a white person under my watch.” “A white girl ... would never get a position under her watch.” In most employment discrimination cases, there is no smoking gun. Most employers are smart enough to hide bias behind carefully worded evaluations or...
If you’re wondering, “Can my employer ignore my religion and fire me?”—you’re probably dealing with something deeply personal and unjust, likely religious discrimination or the failure of your job to provide you with a religious workplace accommodation. The short...
Under the Americans with Disabilities Act (“ADA”), a failure to accommodate occurs when an employer refuses or fails to provide a reasonable accommodation that would allow a qualified employee with a disability to perform the essential functions of their job. That...
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 you’re an employee wondering, “Can my employer make me go to arbitration months after I’ve filed a lawsuit?” — you’re not alone. Many workers are shocked to learn that buried in their hiring paperwork is an arbitration agreement their employer never mentioned—until...
Getting caught lying to your employer is never a good idea. It is the workplace version of lighting a match in a fireworks factory—you are not going to like the outcome. Whether it is calling off sick to go to a ballgame (and then showing up on TV), posting beach...
Short answer: yes, and sometimes legally. This is especially true if you do not properly document your disability and ask for a workplace accommodation. Just because an employee has a disability does not mean they are protected from being fired. Not all firing of...
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...
You know how every office has that one person who treats team meetings like they are the star of a reality show reunion special? Now imagine that person is your boss. And she turns off the air conditioning in the middle of a scorching Arizona summer—not for cost...
Absolutely not. Employers often try to avoid paying overtime by slapping the word “salary” on an employee’s paycheck, but this tactic does not magically erase wage and hour rights under the Fair Labor Standards Act (FLSA). In the recent case Keefe v. Britt’s Bow Wow...
Yes, you can be fired—but only if wearing that gear is truly essential to the job and no reasonable accommodation is possible. That’s the hard lesson learned in Stevens v. City of Oneonta, No. 24-2334, 2025 WL 1466186 (2d Cir. May 22, 2025), where the United States...
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...