A Retaliation Refresher: What's the Tea in L&E?
DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
May an employer ask an employee about his or her vaccination status? And may the employer then take an adverse employment action based on that status? ...more
What should employers do when an employee complains about not being paid enough? For most employers, it is a difficult conversation to have. In Contreras v. Green Thumb Produce (Dec. 2025) 116 Cal. App. 5th 1251, the employer...more
Retaliation is one of the most commonly alleged employment-related claims, often asserted in conjunction with other discrimination claims, and can be more challenging to address and defend than the underlying discrimination...more
Though it has been around for nearly a decade, the Pennsylvania Medical Marijuana Act continues to cause considerable confusion for employers. A recent decision helps to provide some guidance to employers about how the law...more
Employment discrimination lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her prima facie Title VII discrimination case reads: A plaintiff must...more
A new class action lawsuit against an AI recruiting platform could have significant implications for employers using artificial intelligence to screen job candidates. Two job applicants filed suit against Eightfold AI in...more
New York state has joined New York City and the other jurisdictions that limit an employer’s ability to use an applicant’s or employee’s credit information in making employment decisions. Beginning April 18, 2026, New York...more
On January 2, 2026, the U.S. District Court for the Southern District of New York ruled that the denial of an employee’s request to continue working from home as a disability accommodation was not enough to constitute...more
The 11th US Circuit Court of Appeals is continuing to reshape how judges evaluate evidence in employment discrimination and retaliation cases. Its December 5 decision in Ismael v. Roundtree further distances the court from...more
Imagine the hiring manager for Company A is interviewing a highly qualified candidate (let's call him Jack). During the interview, they observe that, because of his weight and size, Jack struggles to walk at a typical pace...more
We’ve all been there: An employee takes time off (think FMLA or other protected leave), and then you need to take an adverse employment action. Can you do so and risk the inevitable retaliation claim?...more
What is it with universities in "M" states these days? Last week, it was the University of Michigan. Now, it’s the University of Mississippi. A federal judge in Mississippi ruled recently that a race discrimination...more
Illinois has enacted a significant expansion of the Right to Privacy in the Workplace Act, imposing new substantive and procedural requirements on how employers must respond when they receive notices reporting discrepancies...more
Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of...more
Sherry M. Detwiler worked as a privacy officer and the Director of Health Information for a hospital (Mid-Columbia Medical Center) from September 2020, until her employment was terminated in December 2021. Detwiler is a...more
Philadelphia’s Fair Criminal Record Screening Standards ordinance (also known as the “fair chance” or “ban the box” ordinance), which applies to most private employers and agencies in the City of Philadelphia, was recently...more
Several changes impacting employers in jurisdictions across the nation on the federal and state level are summarized below in our latest blog post. Federal Law Updates - New Updates on the H-1B Visa- U.S. Citizenship and...more
In the aftermath of the murder of Charlie Kirk this past September, both traditional media and social media platforms were abuzz with comments and opinions about the conservative activist and media personality’s life, death,...more
With employee political speech becoming an increasing concern, employers in New York are reminded of the New York Legal Activities Law, which, among other things, offers protections to employees based on certain off-duty...more
In Bunnell v. William Beaumont Hospital, a federal appeals court revived a pregnancy discrimination claim, holding that a supervisor’s statements could show a connection between the employee’s pregnancy and the termination of...more
A new Idaho law gives a broad private cause of action to actual or alleged whistleblowers in the healthcare industry. The statute will increase the risk and cost to health care employers and organizations who want to take...more
Following the Supreme Court of the United States’ April 2024 ruling in Muldrow v. City of St. Louis, employers have grappled with determining what constitutes an adverse employment action that will support a claim under...more
And can you prove it? As our readers know, the employer’s motivation is a key issue in an employment discrimination or retaliation case, or a wrongful discharge case....more
Employee activity on social media is a hot topic. The Sixth Circuit Court of Appeals recently addressed a case in which a university employee was denied opportunities following a Twitter tirade. The court affirmed that the...more
Last year, the U.S. Supreme Court issued a landmark decision in Muldrow v. City of St. Louis, reshaping the landscape of employment discrimination law....more