While employers are understandably concerned about disparate treatment claims, the courts have become increasingly demanding in what they require from employees to establish the employer actually treated them differently enough to support the finding of a prohibited animus.
Tag: similarly situated employees
I like watching baseball. Few things in life beat going to a weekday day game during the summer at Oracle Park (or even the Oakland Coliseum). Yet sadly, due to the coronavirus/COVID-19 outbreak, Major League Baseball has canceled the remainder of its spring training games and the 2020 regular season will be delayed by at […]
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be fired or disciplined for engaging in “constitutionally protected” speech.
Serena Williams is one of the greatest athletes of all time–man or woman–period. In her 25-year professional career, she has dominated on the tennis court by winning nearly 40 major titles (singles and doubles). Roger Federer, a tennis legend in his own right, has remarked that Williams is “one of the greatest, if not the […]
Five star players of the U.S. Women’s National Soccer Team (Carli Lloyd, Alex Morgan, Megan Rapinoe, Becky Sauerbrunn, and Hope Solo) made headlines this week by filing a charge of discrimination with the Equal Employment Opportunity Commission alleging gender wage discrimination against the U.S. Soccer Federation. In their charge, the players allege that they should be […]
by Steve Jones Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job? A: No. The FMLA doesn’t permit an employer to request a second […]