Tag: evidence

To Tell the Truth: Falsehood Dooms Lawsuit

The law requires that both sides to a lawsuit play fair. When that’s not the case, the side playing fast and loose with the rules gets punished. For a recent prime example, read on. Deposition Falsehood! After Daniel’la Deering was fired from her job as an in-house lawyer for Lockheed Martin, she sued for unlawful […]

Case Study: Fired Employee with Bad Attitude Fails on Religious Discrimination Claim

A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Oklahoma employers). The appeals court affirmed the trial court’s grant of summary judgment (dismissal without a trial) in […]

8th Circuit Denies Relief for Female Employee Paid Less for Choosing to Do More

A female employee wasn’t discriminated against for receiving less compensation than her male coworkers when she voluntarily chose to complete tasks that weren’t required of her, according to the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Nebraska employers), upholding a Nebraska federal district court decision. Facts Barbara Perry, a former employee […]

EEOC

Age Discrimination Claims Will Continue to Be Analyzed Using a ‘But-For’ Standard

The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) affirmed summary judgment (dismissal without a trial) in favor of an employer and held claims filed under the Age Discrimination in Employment Act (ADEA) must continue to be judged using a “but-for” standard.

employee training

Hostile Environment Claims in a Work-From-Home World

An October 2020 Forbes.com article on harassment in the work-from-home world identified eight “red flag” signs of misconduct. “Just like the working environment has changed to a home-based environment, so has workplace harassment,” the article observed, warning “workplace harassment that follows [employees] into their homes can have devastating impacts on their mental well-being, as well […]

workplace

Rumors, Innuendo Lead Wyoming Highway Patrol to Face Sexual Harassment Trial

Most people know overtly sexual comments are likely to violate their employer’s rules and could lead to sexual harassment claims. But many don’t understand the comments are a problem not just because they’re sexual. That’s because the sexual content can be used as evidence to show other nonsexual negative treatment was motivated by discriminatory intent. […]

age discrimination

Was Chicago Janitor Passed Up for Promotion Due to Age? 7th Circuit Weighs In

The U.S. 7th Circuit Court of Appeals—which covers employers in Illinois, Indiana, and Wisconsin—recently heard a claim in which a Chicago janitor says he was passed up for a promotion due to his age. However, the employer says it was because he failed to pass the exams required for the promotion. Does the janitor have […]

harassment

Attention Educators: New Title IX Training Requirements

The U.S. Department of Education recently updated its regulations to Title IX of the Education Amendments Act of 1972 for the first time in many years. The final regulations, which require covered institutions to significantly change the way they respond to sexual harassment and misconduct allegations, were subsequently challenged in court by attorneys general (AGs) […]

assumptions

The Brain Rewards Assumptions

To be a better leader, you need to uncover and challenge hidden assumptions. But identifying them is not easy. That’s because the more you know about your business, industry, function, spouse, family, and friends, the more assumptions you make.