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Regardless of What the Supreme Court Rules on Title VII, an Employee CAN Win a Sexual Orientation Discrimination Case…

November 26, 2019 by theemplawyerologist Leave a Comment

Many of us are waiting with interest for the US Supreme Court’s decision as to whether Title VII of the Civil Rights Act’s prohibition against sex discrimination includes discrimination based on sexual orientation and gender identity. While we’re waiting though, the issue is not on hold. Last month a police sergeant in Missouri won just […]

Disability Discrimination, Joint Employment and the EEOC– Oh My!

November 14, 2019 by theemplawyerologist Leave a Comment

You have attendance policies, right? I hope so. Most employers seem to have them–and you should. Your employees need to know what is expected of them.  You are somewhat ham-stringed if you try to discipline an employee due to attendance issues when you don’t have a clear policy. Your first thought might be to make […]

Is the Pendulum Swinging Back on Age Bias Claims?

November 7, 2019 by theemplawyerologist Leave a Comment

Age bias claims are hard to prove, right? I mean an employee has to show that age was pretty much the only reason s/he suffered discrimination or s/he loses, right?  Well, guess what? While that is often true under federal law, that’s not always true. I regularly tell clients and prospective clients to consult with […]

You CAN Legitimately Beat Discrimination Claims

October 28, 2019 by theemplawyerologist Leave a Comment

Lowe’s just won a discrimination case filed by one of its employees. It wasn’t an accident. It wasn’t magic. It wasn’t luck. It wasn’t “just” because the employee didn’t have good enough facts. It’s possible to win — or even avoid–an employment discrimination case. Can you? Yes, if you do your homework. Let’s take a […]

Can You Demote an Employee Over a Child’s Diagnosis?

October 3, 2019 by theemplawyerologist Leave a Comment

Suppose your employee tells you that his/her child has a severe neurological impairment that may occasionally require leaving work early to care for the child. Suppose the employee is still able to perform his/her job. Would you demote the employee based on the child’s diagnosis? What if you’re concerned that your employee won’t be as […]

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