Almost 23 years ago, two Hollywood A-list actors, Michael Douglas and Demi Moore, starred in a dramatic film called “Disclosure.” The issue of workplace sexual harassment –- specifically, quid pro quo harassment –- was a key plot point in the film. In the movie, the female boss (Moore’s character) engaged…
A considerable variety of employment law cases, especially when the employee’s claims relate to discrimination or retaliation, can succeed or fail based upon which side (employee or employer) presents a stronger case about whether the employer’s adverse action was legitimate or merely a pretext for engaging in illegal conduct. Many…
In a Title VII discrimination case, there are several hurdles in front of a plaintiff. The law requires that the employee show that she suffered discrimination and that the legitimate, non-discriminatory reasons offered by the employer were really just pretexts for discrimination. In the case of one middle Tennessee professor,…
An old fable tells the story of a cat and a monkey. The monkey convinces the cat to fetch some chestnuts from the embers of a recently extinguished fire. The cat gets the nuts and gives them to the monkey, burning its paw in the process. A maid interrupts their…
A major national staffing services company could end up in legal hot water regarding the way it handled its time-keeping practices for some of its remote workers. A class of “virtual call center” employees launched a collective action accusing the company of violating the Fair Labor Standards Act by failing…
A nursing facility’s activities director got good news from the 11th Circuit Court of Appeals when that court revived his Family and Medical Leave Act lawsuit, concluding that his retaliation claim was sufficient to escape summary judgment. Of larger significance, the 11th Circuit declared for the first time what the…
Late last summer, the 11th Circuit Court of Appeals issued a ruling in favor of an employer after an employment candidate accused the company of race discrimination by virtue of its enforcement of its employee grooming policies. This so-called “dreadlock decision” has led to many discussions and commentaries since its…
In an employee’s Family and Medical Leave Act case, there are various potential avenues to success for an employer. One way an employer can blunt an employee’s case is by establishing that the employee did not follow company policy for reporting his FMLA absences. That’s what happened to one waffle-packaging machine…
While much has been reported in the news recently in terms of bathrooms and civil rights, an Ohio public health agency employee’s Title VII lawsuit was a very different kind of bathroom case. The employee, a supervisory-level environmental health and sanitation worker, alleged that she suffered from workplace retaliation after…
One of the interesting byproducts of living in the 21st-century information age is the speed at which information transmits. In this age of smartphones, the world-wide web, and social media, news really does travel fast. Whether you are an LGBT person in the workforce or you’re an employer, chances are…