Category: Employment Discrimination

From time to time I get questions from employers about the legal risks associated with transfer or reassignment of a poor performing employee.  Maybe a contract prevents immediate termination, or the current office dynamic simply isn’t good.  The relationship with the employee is on a rapid decline and the employer wants to know- will the transfer increase the risk of liability for an employment discrimination claim? As lawyers often say to our...

A recent decision from the Fourth Circuit Court of Appeals, Dawson v. Washington Gas Light Company, provides a reminder of what is (or should be) an obvious point:  when disciplining or terminating employees, employers should not change or shift their explanations over time.  Dawson v. Washington Gas Light Company, No. 19-2127 (4th Cir. July 13, 2021).  Dawson -- a case involving alleged retaliation, race, and color discrimination and...

One of my first cases as a baby lawyer was a sex harassment lawsuit brought by a former employee who waited over six years for a decision from the EEOC and Maryland Commission on Civil Rights (which did eventually dismiss the charge).  She got her notice of right to sue and, with the help of very able counsel, filed her lawsuit.  No one (still alive) recalled her complaining or supported her claim, but she testified that she had raised her...