Maryland employment discrimination Archives

Can a court grant summary judgment in a discrimination case prior to discovery?

As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual termination, they may constitute adverse actions. See, e.g., Winston v. Verizon … 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

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

How does the EEOC prove someone is qualified for the job?

If we’re talking, let’s say, in the promotion discrimination context where you’ve applied for a promotion and didn’t get it, some of the … Continued

I am considering leaving my job because of the harassment I am suffering. What should I do?

No employee should have to endure harassment that has them questioning whether to even stay at their job any longer. But what’s important … Continued

I have never filed a lawsuit before and am worried about the stress. What should I expect?

The reality is that filing a lawsuit in court can be a stressful experience. What you want to have there is an experienced … Continued

I think I was discriminated against at work. What should I do now?

If you think if you’ve been discriminated against at work, there’s really three main things that you should do. First, you want to … Continued

If I complain about harassment and then am retaliated against, what rights do I have?

Most anti-discrimination laws have an anti-retaliation provision in them as well. If your employer retaliates against you, let’s say they fire you or … Continued

If I file a lawsuit, what are the various steps involved before trial?

There are a number of steps along the way after you file a lawsuit and before you get to a trial. The main … Continued

Is all discrimination unlawful?

No, not necessarily. What the federal laws require is that the discrimination be based on some protected characteristics. For example, that the discrimination … Continued

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