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False Filing Still Protected

A policy against making bad faith complaints of discrimination or harassment is no protection for an employer. Recently, an employee – jointly employed by the Army and a private employer – filed a complaint of age...more

HR as Caesar’s Wife

An employee rejects a co-worker’s proposal of a physical relationship. The co-worker gets him fired. Is the employer liable for sex discrimination? This is different from earlier cat’s paw cases because the person who caused...more

Supreme Court Defines “Supervisor” For Title VII

The Supreme Court staked out a definition for "supervisor" in the context of Title VII. Vance v. Ball State Univ., No. 11-556 (June 24, 2013). Whether a person is a "supervisor" determines whether the employer can be held...more

Corporations Can’t Be Harassed

According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more

Firing a Supervisor for Her Workplace Threat Was Not Retaliatory

These days, everyone has good reason to be leery of threats in the workplace, and the courts are generally supportive of employers who take those threats seriously. A recent Tenth Circuit decision is a good example. ...more

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