You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more
The Israeli National Labor Court recently ruled that the Israel Football Association acted with mala fides when it demoted an assistant referee in the national football league to a lower league because of his weight....more
Under New Jersey’s Tenure Employees Hearing Law, when a school district files tenure charges against an employee, the state commissioner of education must refer the case to arbitration if he or she determines that the charges...more
Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more
The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence. The...more
Of course it is! Every time I think I’ve heard everything, I hear another thing. Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more
Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more
Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC)...more
Retaliation claims now constitute the most frequently cited basis for charges filed before the Equal Employment Opportunity Commission. Lawsuits based on retaliation can be especially dangerous for employers because they do...more
Report on Research Compliance 17, no. 8 (August 2020) - Despite data falsifications that were severe enough to require four retractions or corrections and which led to his demotion at a university and a redo of...more
While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more
Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more
Home speaker maker Sonos has sued Google, accusing the company of “infringing on five of its patents, including technology that lets wireless speakers connect and synchronize with one another.” Sonos had originally partnered...more
Restaurant Demoted Employee Because of Her Pregnancy, Federal Agency Charged - ATLANTA - Rocco's Pub, a Jasper, Ga., restaurant and bar operated by Ciorrocco's, Inc., will pay $15,500 to settle a pregnancy discrimination...more
In Rochford v WNS Global Services (UK) Ltd [2017] EWCA Civ 2205 the Court of Appeal considered whether an employer’s discriminatory demotion justified an employee’s refusal to carry out any work. Mr Rochford was employed...more
Cleburne Store Demoted Department Manager After Denying Him a Reasonable Accommodation, Federal Agency Charged - DALLAS - Lowe's Home Centers, LLC, a nationwide chain of home improvement and hardware stores, will pay...more
Cleburne Store Demoted Department Manager After Denying Him an Accommodation for Spinal Cord Injury, Federal Agency Charged - DALLAS - Lowe's Companies, Inc., a chain of home improvement and hardware stores with locations...more
It’s a common scene played out in employment discrimination and retaliation lawsuits everywhere: An employee is demoted, terminated, or otherwise affected by an employer’s action. The employer claims the decision was made for...more
The issue of pretext recently played out in a sex discrimination case in which the Tenth Circuit Court of Appeals had to decide whether an employer’s reasons for demoting an employee were legitimate or just a ruse to cover up...more
Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more
Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more
Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that...more
Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more
The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more
A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public...more