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Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic...
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic...
View ArticleMississippi’s New Vaccine-Choice Law: All Fluff, No Wrongful Termination?
Mississippi recently passed House Bill 1509 (the “act”) codifying employees’ right to choose whether to be vaccinated against COVID-19, which some commentators believe would limit employers’ ability to...
View ArticleCentral Park Karen’s Discrimination Case Dismissed: Learning from Responding...
Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman...
View ArticleDon’t Drop a Vein: Sixth Circuit Affirms Dismissal of Surgical Assistant’s...
Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations. Performance Problems or Age...
View ArticleRun Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May...
For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job...
View ArticleThe Handbook Tale: Beware the Importance of Your Paperwork
Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for...
View ArticleBrain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late...
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or...
View ArticleBueller? Bueller? EEOC Examining Attendance Policies for ADA Violations
Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc....
View ArticleUltimatum on Ultimate Employment Decisions: Fifth Circuit Expands Standard...
If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an...
View ArticlePoints Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations...
As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based”...
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