Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect of employees, and also what employees can expect from their jobs. In at-will employment states, companies think of

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or benefits. There are obvious ones like termination, demotion and failure to promote. But what about ones like shift changes, days off and other more

Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations. 

Performance Problems or Age Discrimination?

The University of Louisville Physicians (ULP) hired Frank Davis as a surgical assistant. After 10 months on the job, Davis’s supervisor, Lisa Motley, met with

Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who called 911 about a black man who she said was threatening her life. Enter

Mississippi recently passed House Bill 1509 (the “act”) codifying employees’ right to choose whether to be vaccinated against COVID-19, which some commentators believe would limit employers’ ability to impose mandatory vaccine requirements. But private employers with vaccine mandates can breathe easy. The act does not create a basis for a wrongful termination claim against a

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-WorkerIn another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a co-worker could not be the basis for his own Title VII claim that he was discriminated due to his sex. The Court

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-­Berru, the Supreme Court expanded the ministerial exception that precludes certain employment claims. This is big news for religious employers.

Just like every other employer, churches and religious institutions sometimes

Same Name, Different Blame: Sixth Circuit Finds Distinction Between Troopers in RaceOne of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of their age, sex or race (or other legally protected status). In defending those allegations, companies often present facts as to how

Sunday May Still Be Sacred: Texas Jury Sides with Employee Who Chose Church Service Over WorkIf an employee misses work to attend church on Sunday morning and the company subsequently fires her, is that religious discrimination? A jury in Texas recently said yes and awarded the plaintiff close to $350,000. The verdict is a reminder to employers to remember your religious accommodation obligations.

Trouble with supervisor and work scheduled for