By: John B. Zappone
Standing seems like a straightforward concept—the plaintiff must suffer an injury in fact fairly traceable to the defendant’s challenged conduct for which the court can provide redress. Read MoreBy: Hannah M. Franke
On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the Flexible Leave Act (H.R. Read MoreBy: Gaetan J. Alfano , Mark T. Sottile
Employment discrimination lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her prima facie Title VII discrimination case reads: A plaintiff must present sufficient evidence that she was: 1) a member of a protected class; 2) qualified for the position; 3) suffered an adverse employment action; and 4) under circumstances giving rise to an inference of discrimination. Read MoreBy: Mark T. Sottile , Joshua D. Hill
Here is yet another reason why employers should have written policies, including with respect to employees who separate from employment, whether through resignation or termination. Read MoreBy: Mark T. Sottile
The short answer is probably not. Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Read More