discrimination

Does Employee’s Falsification of Employment Application Automatically Defeat Retaliation Claim?

Posted on August 30, 2017

The Situation: An employee complains that he is being harassed based on his sexual orientation and the fact that his partner is African American. Not long after he lodges this complaint, the employer discovers that although the employee stated on his job application that he graduated from community college, he had not actually graduated, but only took a number of classes. After the employee is terminated, he brings a claim of retaliation under Title VII. Can the employer get the claim thrown out on the grounds that the employee falsified his employment application?…

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My Employee Badmouthed me on Glassdoor—Can I Fire Him?

Posted on June 21, 2017

The Situation: One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim?…

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What Can you Ask about an Employee’s Medications?

Posted on June 14, 2017

The Situation: One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?…

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Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

Posted on May 11, 2017

The Situation: A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the position for the long haul. Is this pregnancy discrimination?…

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Firing Six Weeks After Charge Enough to Show Retaliation?

Posted on March 8, 2017

The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can she bring a retaliation claim based on the timing alone?…

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Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?

Posted on February 15, 2017

The Situation: An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature.  You interview some of the other employees who were purportedly present when these statements were made and none of them back up the complaining employee’s story. The supervisor also denies making the statements. You terminate the employee who made the complaints on the grounds that she has intentionally falsified a claim of harassment, in violation of your anti-harassment policy.  Can you face a claim of retaliation?…

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Can’t I Do Something About These Unfounded Discrimination Claims?

Posted on August 31, 2016

The Situation: Your employee brings a claim of discrimination against your company which you believe is completely meritless. If you pursue a malicious prosecution charge against her, could you face a claim of retaliation?…

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Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle

Posted on August 10, 2016

The Situation: One of your employees announces she is pregnant. Not long after, she complains that ever since she announced her pregnancy, her manager has been treating her differently, including not allowing her to take bathroom breaks. What sort of exposure do you have?…

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How Far Can You Go With Medical Inquiry of a Prospective Employee?

Posted on March 30, 2016

The Situation: You have found a good candidate for an open position—the only thing between him and the job is a medical screening.  During the screening, you become aware that he had a back injury a few years ago and you are worried he can’t do the job, which is fairly physically demanding.  Can you require that he get an MRI to get more clarity on his condition?  And if he doesn’t get the MRI, can you take back the job offer?…

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Can Automated Response to Online Employment Application Show Knowledge of Age?

Posted on February 17, 2016

The Situation: You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t hire a particular applicant and he claims that it was because of his age-pointing to the automated email as evidence that you had knowledge of his age (which would have been obvious based upon the information in his resume). Is this enough to assert a claim under the ADEA?…

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