Author Archives: fl_litig8r

Is Discrimination Against Gay Employees Now Illegal Under Title VII?

On July 15, 2015, the Equal Employment Opportunity Commission (EEOC) issued a 17-page opinion letter which states that employment discrimination based on sexual orientation is forbidden under Title VII’s prohibition against “sex” discrimination. For those who want to read the … Continue reading

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Lilly Ledbetter Fair Pay Act Myths and Reality

While many people have heard of the Lilly Ledbetter Fair Pay Act of 2009, the way in which it has been covered in the media has probably left most with the wrong idea about what the law actually does. From … Continue reading

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EEOC Mediation Advice

An EEOC mediation is an excellent opportunity to resolve your workplace discrimination claim at a very early stage. Knowing how the mediation process works and what to expect will help you avoid making critical errors which could ruin your chance … Continue reading

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What to Expect at Your Deposition

If your lawyer has told you that opposing counsel has scheduled your deposition, you’re probably wondering what you should expect. While I can’t say that your deposition will be a pleasant experience, it probably won’t be as bad as you … Continue reading

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Sexual Harassment

When people hear the phrase “sexual harassment”, they typically envision a lecherous boss propositioning his attractive secretary for sexual favors. While sexual harassment can certainly take this form, it also includes a host of other activities, many of which have … Continue reading

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How Long Does it Take to Get Settlement Money?

The first question on a plaintiff’s mind after the settlement of his or her lawsuit is how long does it take to get the settlement money? There are really two time frames to consider: (1) the time it takes for … Continue reading

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Firing Older Workers Because They Are Paid More

It used to be that one of the benefits of working with the same company for an extended period of time was a steady increase in pay over those years. In times of recession, however, this makes it much more … Continue reading

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Depositions of Co-Workers – Why You Should Attend Them

Unless you have one of those rare workplace discrimination cases that can be proven through paperwork alone, you will need to rely on the testimony of your co-workers. This is especially true in cases which allege harassment or hostile work … Continue reading

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Caps in Discrimination Laws Thwart Punitive Damages’ Purpose

As a plaintiff’s lawyer, I’m obviously not a huge fan of arbitrary damages caps, most often instituted as part of the “tort reform” movement (and covered extensively in the HBO movie “Hot Coffee”). A recent case of religious discrimination won … Continue reading

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BFOQ Defenses in Workplace Discrimination Lawsuits

The BFOQ, or Bona Fide Occupational Requirement, is a defense employers can raise in response to workplace discrimination claims alleging disparate treatment under Title VII, the PDA and the ADEA. An employer can completely avoid liability for these types of … Continue reading

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Will My Employer Want to Settle My Discrimination Case?

While the odds of any particular workplace discrimination lawsuit settling will obviously depend on the facts specific to each case, overall trends in these types of cases will not be encouraging to plaintiffs. Any lawyer who has handled more than … Continue reading

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How to Get a Lawyer to Take Your Case

Some cases just sell themselves. They are such obvious winners and are worth so much money that lawyers are dying to get their hands on them. Unfortunately for you, most workplace discrimination cases are not like this. They rarely settle … Continue reading

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How to Prove Workplace Discrimination — Part 2

In Part 1 of this article, we discussed intentional workplace discrimination claims which involved tangible employment action (firing, demotion, etc.) being taken against the employee. In Part 2, we will now discuss claims based solely on harassment. Harassment claims are … Continue reading

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How to Prove Workplace Discrimination — Part 1

How a plaintiff goes about proving a workplace discrimination case depends on several factors, including the particular law violated, the nature of the discrimination and the status of the employee(s) who performed the discriminatory act(s). Title VII, the PDA, the … Continue reading

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EEOC Complaint Form — PDF and Filing Tips

To preserve your right to file a workplace discrimination lawsuit under Title VII, the Pregnancy Discrimination Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you must file a timely complaint, known as a “charge”, with … Continue reading

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