Summary: Not every resignation is voluntary. When an employer makes working conditions so unbearable that a reasonable person would feel compelled to quit, the law may treat that resignation the same as a termination. This is called constructive discharge, and it could mean the difference between walking away with nothing and holding your employer accountable.
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
Employment Discrimination Is Still a Problem
Despite changing times, employment discrimination is more common than you think. Even the best employers might one day discriminate against one of their employees or job applicants because of who they are. Employment discrimination can take many forms. You might be treated unfairly because of your race, age, or
Earlier this year, on National Equal Pay Day, President Biden reminded the country that “women working full-time and year-round are paid an average of 84 cents for every dollar paid to men. In more than 90 percent of occupations, women earn less than men—and these disparities are even
Generally, an employer must take prompt remedial action upon its awareness of discrimination or harassment in the workplace. This general duty is applicable whether an employer has actual awareness or should be aware of the unlawful behavior taking place.
Sensibly, this means the employer should conduct an investigation to
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
On August 18, 2023, the Fifth Circuit issued an en banc opinion in Hamilton v. Dallas County, No. 21-10133 that overturned decades old judge-made law limiting actionable claims under Title VII. Let’s take a look.
What is Hamilton about? Hamilton involves how the Dallas County Sheriff’s office schedules time
This week, our law firm is at the annual National Employment Lawyers Association (NELA) conference in Chicago. The convention kicked off with remarks from very bold and inspiring plaintiffs in landmark cases. One of the plaintiffs we heard from was Gerald Bostock, who was one of the Plaintiffs (and the named
Section 1981 and Title VII are both federal laws in the United States that address workplace discrimination. While they share some similarities, there are notable differences between the two laws in terms of their scope, coverage, and legal requirements. Understanding these distinctions is essential for individuals who may be facing
For many, the World Cup is the sporting event of the decade, and for good reason. It is a moment where countries and cultures from around the world gather for a singular purpose: to watch soccer. Already, the current World Cup has had plenty of
