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The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

The 6th Circuit Clarifies Retaliation Under the FMLA

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil...

On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual...more

Practical Considerations In Employment Terminations

A strong workforce is a critical component for an employer’s success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a...more

Performance of Regular Job Duties as Protected Activity for Discrimination Claims

Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO)  personnel to support a retaliation claim under Title VII.  Several courts...more

Last Chance Agreements – A Useful Tool

A Last Chance Agreement (“LCA”) is an agreement between the employee and the employer, usually as a last effort to avoid termination, where the employee must agree to the LCA as a condition of employment to keep their job. ...more

The Michigan Court of Appeals Addresses Sexual Harassment and Mandatory Arbitration Agreements

Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases. ...more

EEOC Proposes to Require Employers to Report Pay Data for Employees

For several years, the U.S. Equal Employment Opportunity Commission (EEOC) and others have raised concerns about unequal pay for women and minorities. These concerns led to the Lilly Ledbetter Fair Pay Act and are still being...more

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