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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...
Under the Fair Labor Standards Act (“FLSA”), most employees are entitled to minimum wage and overtime pay if they work more than 40 hours in a week. However, some employees are classified as “exempt” from these protections. For example, an employer might claim you are...
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...
If you are a longtime reader of this blog, you will already know that Ohio’s scheme of civil rights protections is set forth in R.C. Chapter 4112. Further, you may be aware that R.C. § 4112.02 prohibits multiple forms of discrimination based on race, color, religion,...
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...
The Fair Labor Standards Act (“FLSA”) guarantees that most employees in the United States are entitled to minimum wage as well as overtime pay when they work more than 40 hours per week. Under the law, non-exempt employees must be paid at least time and a half for...
How Do You Prove Discriminatory Failure to Hire? Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
No, you cannot just say, “I do not want to move my family, so my employer has to let me stay put as a disability accommodation.” That is not how disability discrimination law works. A recent case from the United States Court of Appeals for the Seventh Circuit,...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
Recently, in Valerio v. Metropolitan Transportation Authority, 2025 WL 686028 (2d Cir. Mar. 4, 2025), Kissairis Valerio, a Black and Hispanic female officer, was fired from the Metropolitan Transportation Authority Police Department (MTAPD) after allegedly mishandling...
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...