News & Analysis as of May 19, 2025

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

Bradley Arant Boult Cummings LLP on 1/9/2024

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on 9/16/2022

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on 5/28/2021

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Just Give Me a Reason: Court Clarifies Burden-Shifting Standards

Pullman & Comley, LLC on 6/11/2013

With apologies to P!nk (and her hit, “Just Give Me a Reason”), a new court decision gives new meaning to the phrase. Before we get to that, longtime readers of the blog will no doubt be familiar with the...more

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