EIGHTH CIRCUIT REQUIRES EMPLOYEES TO REASONABLY BELIEVE UNDERLYING CONDUCT IS ILLEGAL TO MAKE A CASE FOR RETALIATION

Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit. ...

Seventh Circuit Case Is Excellent Reminder of FMLA Best Practices

As an employer, how do you know when an employee’s illness or medical condition could give rise to a claim for mandatory medical leave, disability protections, or discrimination?  The answer, of course, is that you...

U.S. Supreme Court Declines to Resolve Question of Sexual Orientation Discrimination

The United States Supreme Court recently had the opportunity to resolve a split between the Appellate Circuits regarding whether federal law prohibits discrimination on the basis of sexual orientation.  However, the Court declined to take...

Missouri Court of Appeals Finds Sexual Stereotyping Can Provide Evidence Supporting a Claim of Sex Discrimination

On October 24, 2017, the Missouri Court of Appeals (Western District) issued an opinion holding that sexual stereotyping can support an inference that discrimination on the basis of gender occurred in the workplace.  While the...