In a rare decision favorable to Michigan whistlblower plaintiffs, the Court of Appeals reversed a trial court’s decision to dismiss a whistleblower case against an employer. But the real lesson that employers and their HR professionals should take from the decision is that timely decision making in the termination process is critical, as well
Playing with the Cards Your Dealt Is Critical to Resolving Employment Discrimination Claims
One of the most frustrating aspects for any employer defending a claim of employment discrimination is that you’re stuck with the cards dealt to you. That is to say, you employers and their lawyers can’t pick the facts. And sometimes no matter what legal defenses you think your company has when it comes to defending
Social Media Rant by Employer Results in Retaliation Claim Added to Pending Litigation
The recent termination of an employee (Adria Richards) after she tweeted her displeasure at off-color jokes told by certain fellow attendees at an industry conference she attended on behalf of her employer has resulted in a lot of good discussion (see here and here for examples) about the increasing intertwining of social media and employment legal
Not a Good Mix – Fishing Expeditions, Social Media, and Employment Discrimination
For many, sharing on Facebook, Twitter, Linked In, and other social media-related websites is a daily routine. But what happens to that routine when a person becomes involved in litigation? This is a question that almost always has to be answered in the context of employment discrimination lawsuits.
The answer to this question, however
Customers May be able to Discriminate, But that Doesn’t Mean Your Business Can and Other Misconceptions
Last week this blog reported about a recent lawsuit filed by an African-American nurse against her employer, Hurley Medical Center in Flint, Michigan. The lawsuit claimed the defendant hospital agreed to a man’s request that no African-Americans care for his newborn baby and went so fare as to even post a sign to this effect.
Beginning a Racist Request with “please” does not make it any less Racist or Discriminatory Even if Asked for the Benefit of an Employer’s Customer
Is An Employer Liable for Harassment by non-employees? This question was inspired by a recent discrimination lawsuit (PDF) filed by a Michigan nurse against her employer, Hurley Medical Center in Flint, Michigan. The lawsuit claims the employer agreed to a man’s request that no African-Americans care for his newborn baby.
While most parents of newborns would
An Employer’s Cheat-Sheet to Michigan’s Primary Employment Discrimination Statute
Employment discrimination under Michigan or federal law can be a very complex and nuanced. The following is an overview of important points employers need to be aware of under Michigan’s employment discrimination statute:
Employment Discrimination Under Michigan Law
For Michigan employers the primary state statute that prohibits workplace discrimination is Michigan’s Elliott-Larsen Civil Rights
Marriage and the Workplace – Not Always a Perfect Match
I’m a big fan of marriage; It has definitely been good to me.
But marriage does not always mean it is good for a company … at least when it comes to hiring, preemployment inquiries, or every day operations.
Employers, however, that do not understand when they can or cannot make hiring and firing decisions
Employers May Find it Harder to Defend Against ADA Claims … Or Maybe Not.
It finally happened; This blog noted back in August 2011 that the Sixth Circuit would likely make significant changes in favor of employees bringing claims under the Americans with Disabilities Act (ADA).
On May 25, 2012, the Sixth Circuit Court of Appeals made it official in holding that plaintiff employees bringing claims under the ADA
Taking Note of How Family and Medical Leave Act Interference Claims to be Decided
The Sixth Circuit recently resolved an issue of uncertainty for Michigan employees and employers when it comes to analyzing Family and Medical Leave Act (FMLA) interference claims. Going forward, employees must satisfy the burden-shifting framework common to employment discrimination claims when evaluating FMLA interference claims.
FMLA Background
The FMLA, 29 USC 2601 et seq., was originally