New Title VII promotion discrimination decision explores pretext analysis

What is “constructive discharge” and how does it relate to my employment discrimination case?

fired resign constructive discharge

Lawyers occasionally refer to a “constructive discharge” claim when talking about an employee who has involuntarily resigned from their job.  Sometimes it’s referred to as constructive termination, constructive dismissal, or constructive discharge.  But it all boils down to a basic question:  were your working conditions so unbearable that you had no other choice but to quit … Continued

3 reasons the “after-acquired evidence” defense matters in your employment discrimination case

evidence

If you’re considering filing a complaint against your employer because you think you’ve been discriminated against at work, you should know about the “after-acquired evidence” defense, which your company may assert. What is after-acquired evidence? After-acquired evidence refers to information that your employer finds out about (or digs up on) you after you’ve been fired, and … Continued

Promotion discrimination cases, arbitration, and the Supreme Court

glass ceiling discrimination; promotion discrimination

The Supreme Court occasionally rules on issues related to arbitration agreements and class action requirements and these decisions have a major impact on the size, scope, and prospects of future promotion discrimination and other employment discrimination class lawsuits. Arbitration agreements and why they matter in glass ceiling discrimination cases When parties agree to arbitrate, it … Continued

Breaching the glass ceiling through individual and class action cases

promotion discrimination; glass ceiling discrimination; promotion discrimination class action

You think your employer has a glass ceiling and discriminated against you when you were passed over for a recent promotion.  Whether your company overlooked you because of your gender, race, national origin, or sexual orientation, an important issue is if the company has also discriminated against other employees like you (for example female, African-American, Muslim, LGBT).  Figuring … Continued

4 key points about EEOC discrimination charges

EEOC discrimination charge; EEOC charge

1. What is an EEOC discrimination charge and why is it important for me to file one? If you are considering filing a glass ceiling/promotion discrimination case, or other employment discrimination claim, you need to know about the Equal Employment Opportunity Commission’s (EEOC) discrimination charge filing process.  Generally, someone who believes they have been discriminated … Continued

Proving glass ceiling discrimination

How can I prove “glass ceiling”/promotion discrimination? You believe your employer did not promote you because of your gender, race, national origin, religion, or other protected characteristic, and you tried unsuccessfully to informally resolve the issue.  Now what? The next step, assuming you filed a timely EEOC discrimination charge, is to consider whether to file … Continued

“Orchestrating impartiality:” glass ceiling discrimination and blind auditions

blind audition

“Orchestrating impartiality:” blind auditions and cracking the glass ceiling in symphonies “I just don’t think women should be in an orchestra.”  This candidly biased statement by an orchestra conductor who was prominent in the 1960’s and 1970’s sums up the barriers then faced by aspiring female musicians: In the 1970’s, unless you were a white … Continued

Glass ceiling discrimination defined

glass ceiling discrimination; promotion discrimination; Title VII;

“Glass ceiling” discrimination defined Perhaps you’ve heard the phrase “glass ceiling” used around the office and in the media, and wondered what exactly it meant in a legal context.  The answer is that a glass ceiling generally refers to an unfair, artificial barrier that prevents certain employees (women; people of color; LGBT) from fairly competing for … Continued