FB EMPLOYMENT DISCRIMINATION BLOG

So Sue Me: One MORE “Low Hanging Fruit” Case in 2018

Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of "low hanging fruit."  That is, targeting health care [...]

Corporate Appearance Policies Versus Religious Practices: A Delicate Legal Balance

An enormous new settlement of a religious discrimination case brought by the EEOC presents a perfect opportunity to reprise an old post with a new addition. Can an employer fire someone for wearing a veil [...]

One more “EEOC goes after low hanging fruit” post before the new year!!

For anyone just coming upon this blog, I like to highlight a few important trends or repeated fact patterns, such as code words for “old” in age discrimination cases, or the seeming increase in the [...]

Retaliation: What Is Temporal Proximity?

It’s that wonderful time of the year when we remind everyone about the concept of retaliation in discrimination law. It’s pretty important: in 2016, then-EEOC Chair Jenny R. Yang said that "Retaliation is asserted in nearly [...]

The Missing Link? NO! The Causal Link Needed to Prove Pretext of Discrimination

By: Amy Epstein Gluck Here’s an interesting decision for employers that caught my eye this morning, which illustrates a significant aspect of employment discrimination litigation—there must be a nexus, a link, nay a causal link [...]

What Classic Quid Pro Quo Sexual Harassment Looks Like

By: Amy Epstein Gluck Of the types of sexual harassment, the one we see far less of is quid pro quo harassment. Why? Because it’s SO OBVIOUSLY wrong that most perpetrators (predators?) know it is [...]

“Doing What’s Right – Not Just What’s Legal”