Glass ceiling discrimination is a form of promotion discrimination. What it refers to is a set of artificial barriers that have been keeping … Continued
Methods of proving that an employer’s reason for taking an adverse employment action is false include: A significant contradiction between yearly performance evaluations, and the proffered … Continued
Disparate treatment in the selective application of policy is powerful evidence of reprisal. See, e.g., Vieques Air v. DOL, 437 F.3d 102 (1st Cir. 2006) … Continued
An employer’s departure from its customary practice or its personnel policies is relevant circumstantial evidence of retaliation. In Hobgood v. Illinois Gaming Bd., 731 F.3d … Continued
No worker should ever suffer sexual harassment and anyone who commits sexual harassment should be held accountable. But these claims can be difficult to … Continued
Sexual harassment is actionable under a hostile work environment theory when the harassing conduct is “sufficiently severe or pervasive ‘to alter the conditions [of … Continued
The employer’s belief in the preferred reason for the adverse employment action must have been both honest and reasonable. “[T]he factfinder is tasked with evaluating … Continued
No. The disclosure is still protected and the core issues will be whether the employer would have taken an adverse employment action against the employee … Continued