ABC News interviews Eric Bachman on the employment law implications of President Trump’s comments

ABC News interviews Eric Bachman on the employment law implications of President Trump’s comments

Eric Bachman spoke today with ABC News about the employment law implications of President Trump’s recent remarks to four minority Congresswomen that they should “go back” to the “crime infested places from which they came.”  ABC news asked Bachman about how President Trump’s statements may be interpreted in an employment case in the private sector. … 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

Employee wins federal appeal involving commonly-used defenses in employment discrimination cases

The U.S. Court of Appeals for the Fourth Circuit issued a decision (Haynes v. Waste Connections, Inc.) this week that reversed in the employee’s favor.  The opinion tackles many commonly-used defenses by employers in employment discrimination and retaliation cases.  In particular, the Fourth Circuit analyzed whether: the employee had identified a valid comparator (aka a … Continued

Who is a “similarly situated” employee? New answers from a federal appellate court shed some light

A recent federal court of appeals case sheds new light on the question of who should be considered a “similarly situated employee” as compared to the plaintiff in an employment discrimination case. The context in which “similarly situated employee” analysis arises is that, as the U.S. Court of Appeals for the 11th Circuit found, discrimination … Continued

Eric Bachman interviewed by Bloomberg Law about discrimination protections for gig workers/independent contractors

gig economy

Given the soaring numbers of people working as independent contractors (gig workers) rather than traditional employees, an important question has emerged about what protections these gig workers have against discrimination. The most familiar federal anti-discrimination law is Title VII.  But this important law protects only “employees,” not “independent contractors” and others working in the gig … Continued