Discrimination Lawyers Archives

Is administrative leave or a paid suspension an adverse employment action?

While some courts have held that a paid suspension is not an adverse employment action, some judges have recognized how a paid suspension can … Continued

Is assigning a sales employee a low performing territory an adverse employment action?

Numerous courts have held that assigning an employee a lower performing territory or accounts constitutes an adverse action. See, e.g., McArdle v. Dell Prods., L.P., … Continued

What is the standard for summary judgment in an employment discrimination or retaliation case?

To prevail on a motion for summary judgment, the movant must show that there is no genuine dispute as to any material fact and that the movant … Continued

Is denial of a transfer away from a biased supervisor an adverse action?

Yes. According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different … Continued

What are some indications that an employer performed a sham investigation of a discrimination complaint?

Indications that an employer performed a sham investigation of a discrimination complaint include: The employer blindly credits a suspicious denial by the perpetrator of … Continued

Is an employee protected against retaliation for participating in an employer’s internal investigation?

Yes. The Supreme Court held in Crawford v. Metro. Gov’t of Nashville, 555 U.S.271, 279-80 (2009) that an employee’s participation in an employer’s internal investigation … Continued

Are there any time limits on when I must file a charge of discrimination?

If you’re filing a lawsuit under Title VII, you must first file a complaint on discrimination with the EEOC. Generally, you must file that … Continued

Are there hiring requirements that apply nationwide or statewide?

There aren’t necessarily human resources, policies, and procedures that apply to employers nationwide. There are, however, a number of different anti-discrimination and anti-retaliation … Continued

How do courts measure emotional distress damages in employment discrimination cases?

There’s really no precise formula that the courts use to measure emotional distress damages. But there are a number of different factors that … Continued