Working for Justice

Tag: Adverse Actions

Dos and Don’ts of Severance Agreements

Posted July 19th, 2019 by in Employment Discrimination.

Fired?  Laid off?  I’m sure you have so many things running through your mind right now.  Here are a few things to consider when reviewing your severance agreement. DON’T be pressured to respond or sign immediately. Your employer must give you time to review the agreement.  I frequently hear of employers trying to pressure or […]

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Age Discrimination Causes Substantial Damage to Older Workers’ Careers and Health

Posted June 21st, 2019 by in Age Discrimination.

Several recent studies demonstrate that age discrimination is pervasive in American workplaces, which is causing extensive damage to the health and careers of older workers.  According to a 2018 AARP survey, about three in five older workers have either seen or experienced age discrimination in the workplace, and more than nine in ten older workers […]

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The False Claims Act Protects Whistleblowers from Retaliation

Posted May 6th, 2019 by in Retaliation Law.

The qui tam provision of the False Claims Act allows private whistleblowers, known as relators, to file suit on behalf of the United States for fraud perpetrated against the federal government. There is certainly an upside to being a whistleblower because, under the False Claims Act, the whistleblower receives a percentage of any recovery that […]

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Anti-Retaliation Protections for Former Employees

Posted November 15th, 2018 by in Retaliation Law.

Retaliation can rear its ugly head in a variety of contexts, including after employees separate from their employers. Fortunately, several anti-retaliation laws protect former employees who experience post-employment retaliation for complaining about discrimination. In two critical retaliation cases analyzing the breadth of Title VII’s protections—Robinson v. Shell Oil Company and Burlington Northern & Santa Fe […]

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Employee Evaluations in BigLaw: How Best to Reduce Bias

Posted April 30th, 2018 by in Employment Discrimination.

Law 360 recently reported that two law firms are revamping their performance evaluation process for associate attorneys by replacing formal annual reviews with more informal, frequent performance assessments. Law360 also reported that other BigLaw firms are likely to follow suit. Law firms that have initiated these changes explain that more frequent, timely feedback on performance […]

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Illegal or Unfair? Identifying and Correcting Unlawful Conduct in the Workplace

Posted December 18th, 2017 by in Employment Discrimination.

Everyone who has ever had a job knows that the workplace comes with its ups and downs, from getting a raise and having your work recognized, to suspecting you’re underpaid and managing interpersonal conflicts. The low points cause employees to wonder, “Is my employer allowed to do this? What can I do to stop it, […]

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Constructive Discharge: When a Resignation is Really a Firing

Posted September 20th, 2017 by in Employment Discrimination.

We all know that resignations are not always by choice. For example, it is hardly voluntary if an employer tells a worker that she can either resign or be fired. But even resignations which at first blush appear voluntary may legally be no different than a firing. The term is “constructive discharge.” Contrary to the […]

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Gender Bias in Performance Reviews

Posted August 23rd, 2017 by in Gender Discrimination and Harassment.

In the landmark gender discrimination case, Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the Supreme Court recognized that discrimination based on an employee’s failure to conform to gender role stereotypes is prohibited under Title VII. As the Supreme Court reasoned, “an employer who acts on the basis of a belief that a woman cannot […]

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Study Shows Implicit Bias against African-American Attorneys at Law Firms

Posted July 26th, 2017 by in Race Discrimination.

Ever feel like you’ve received extra scrutiny because of your race?  Research suggests that these fears may be well founded.  A recent study indicates that supervisors are far more likely to overlook or forgive the mistakes of white employees – while African-American employees are far more likely to have their mistakes caught, criticized, and used […]

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Under NYC’s Freelance Isn’t Free Act, Freelance Workers Can Recover for Late/Unpaid Wages and Retaliation

Posted May 31st, 2017 by in Wages and Overtime Law.

On May 15, 2017, the Freelance Isn’t Free Act went into effect in New York City, providing freelance workers with a statutory basis to recover in court for late or unpaid wages, retaliation, or other violations of the Act. Subject to a few exceptions, the Act applies to any individual (regardless of immigration status) who […]

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