The difference between illegal retaliation and unfair (albeit lawful) treatment

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

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

The EEOC’s new, online system for filing employment discrimination charges: what you need to know

book turn into laptop

The Equal Employment Opportunity Commission (EEOC) launched a new, online system for filing and tracking certain charges of workplace discrimination on November 1, 2017. “This secure online system makes the EEOC and an individual’s charge information available wherever and whenever it is most convenient for that individual,” said EEOC Acting Chair Victoria A. Lipnic. “It’s … Continued