Summary: Courts have used the 50-year-old McDonnell Douglas framework to evaluate workplace discrimination and retaliation cases based on circumstantial evidence. Two Supreme Court Justices have called for it to be scrapped, and a new case in the Fifth Circuit could change how every discrimination lawsuit is litigated in Texas.
You gave a company years of
You may have heard the saying to “document everything” in the workplace or to “keep receipts” when matters in the workplace are seemingly unlawful. There’s some truth to that—a lot actually. This blog explores the significance behind the two concepts which stresses the importance of proper documentation. Employees who experience discrimination, harassment, or retaliation often
The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.
This blog is Part 2 of 2 to
Retaliation has become the most frequently filed type of employment law claim with the Equal Employment Opportunity Commission (EEOC). In fact, more than half of all workplace discrimination complaints now include allegations that an employee was punished for speaking up for themselves or others. Recognizing the signs of retaliation and knowing how to safeguard yourself
The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.
This blog is Part 1 of 2 to
In employment law, the concept of pretext refers to a false or fabricated reason given by an employer to justify an adverse employment action, such as termination, demotion, or refusal to promote, when the real motivation is discriminatory or otherwise unlawful. Courts scrutinize the employer’s stated reason to determine whether it is merely a cover-up
In the world of office politics and endless Zoom calls, raising concerns can be intimidating. But sometimes, doing the right thing means stepping forward—especially when the law is on your side.
So, When Does Speaking Up Become Legally Protected?
Whistleblowing: What It Really Means
Whistleblowing is
One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like
The Family and Medical Leave Act (FMLA) is vital in protecting employees who need time off for medical or family-related reasons. Unfortunately, despite the safeguards provided by the FMLA, employees remain exposed to employers’ unlawful retaliation for taking FMLA leave. Below, we’ll explore how to recognize potential signs of
It’s that time of year again! As we roll into the holiday season, workplaces are gearing up for festive celebrations, including customary work holiday parties. These events are intended to foster camaraderie and team spirit. However, it is crucial to be reminded of the potential risks they pose, particularly concerning
