appeal

Employee wins federal appeal involving commonly-used defenses in employment discrimination cases

The U.S. Court of Appeals for the Fourth Circuit issued a decision (Haynes v. Waste Connections, Inc.) this week that reversed in the employee’s favor.  The opinion tackles many commonly-used defenses by employers in employment …

When does a complaint to a supervisor equal “protected activity” in a retaliation lawsuit?

Employees routinely talk with their supervisors about work-related issues and problems.  In the context of a retaliation lawsuit, a key legal question is often whether the complaint to the supervisor should be considered a “protected …

Spreading gender-based rumors at work can create a hostile work environment, says federal appellate court

Can a false rumor about a woman “sleeping” her way to a promotion give rise to a hostile work environment claim? Yes. On February 8, 2019, the U.S. Court of Appeals for the Fourth Circuit …

Who is a “similarly situated” employee? New answers from a federal appellate court shed some light

A recent federal court of appeals case sheds new light on the question of who should be considered a “similarly situated employee” as compared to the plaintiff in an employment discrimination case. The context in …

race discrimination lawyer; top race discrimination attorney; top Title VII lawyer

Appeals court: “sand ni**er,” and other epithets do not create hostile work environment

The Eighth Circuit Court of Appeals decided earlier this year that, although an employee was subjected to  “morally repulsive” comments — like being called a “camel jockey” and “sand ni**er” — he had not suffered …

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