When is an employer’s reason for firing you actually a pretext for discrimination?
In employment litigation, some of the most important evidence is centered on the question of whether the employer had a legitimate reason to terminate your employment or whether the reason was simply a pretext for unlawful discrimination. A federal appellate court recently tackled this issue and fleshed out how an employee can prove that the … Continued
When does a complaint to a supervisor equal “protected activity” in a retaliation lawsuit?
Employees routinely talk with their supervisors about work-related issues and problems. In the context of a retaliation lawsuit, a key legal question is often whether the complaint to the supervisor should be considered a “protected activity.” The Court of Appeals for the Sixth Circuit recently took this question head on in Crawford v. Chipotle Mexican Grill, … Continued
The difference between illegal retaliation and unfair (albeit lawful) treatment
Retaliation claims are the single most common type of complaint received by the U.S. Equal Employment Opportunity Commission (EEOC). But what exactly constitutes retaliation as opposed to simply unfair treatment? As the EEOC defines it, retaliation comprises a narrower set of circumstances than the everyday definition of retaliation. Cases litigated in court under Title VII … Continued
What is H.R. 5, aka the Equality Act?
A pressing topic in employment discrimination law over the last few years has been whether Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for employers to discriminate against individuals because of their sexual orientation and/or gender identity. Title VII generally prevents employers from making employment decisions based on an … Continued
Did you know the EEOC enforces complaints about misusing genetic information at work?
Many people know that the U.S. Equal Employment Opportunity Commission (EEOC) investigates claims of workplace discrimination related to an employee’s race, gender, age, etc. But most of the public does not realize that the EEOC also enforces discrimination related to an employee’s genetic information. To help spread the word, the information below is based upon … Continued