Flow it, Show it, Grow it! My Hair!

By Joseph Hunt Race under Title VII is often framed as an “immutable characteristic.” Yet courts struggle with the notion that expressions of identity and culture can be extensions of race. Hair is a good example. One’s hair may be part of one’s racial identity, and it can serve as a proxy for race. Courts, […]

Freeze! Put your hands up and go review your attendance policy ASAP…

By Beth Ann Lennon The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC.  The employer used a collectively bargained, no-fault, attendance policy that required termination when an employee received eleven or more “points” due to absences.  Employees received points whenever they missed […]

In a Goldilocks-Esque Decision, the Eleventh Circuit Finds a “Similarly Situated in all Material Respects” to Be Just Right

By Amy Knapp What does it mean within the context of the McDonnell Douglas burden-shifting framework for a plaintiff to show she was treated less favorably than other “similarly situated” individuals?  The U.S. Court of Appeals for the Eleventh Circuit has cleared up this oft-debated aspect of a plaintiff’s prima facie burden in Lewis v. […]