Washington DC Employment Lawyers

Is administrative leave or a paid suspension an adverse employment action?

Is administrative leave or a paid suspension an adverse employment action?

  While some courts have held that a paid suspension is not an adverse employment…

7 years ago

Is assigning a sales employee a low performing territory an adverse employment action?

Numerous courts have held that assigning an employee a lower performing territory or accounts constitutes…

7 years ago

What is the standard for summary judgment in an employment discrimination or retaliation case?

To prevail on a motion for summary judgment, the movant must show that there is no genuine…

7 years ago

What is the duty to mitigate damages?

To obtain economic damages (lost pay and benefits) in an employment-related lawsuit, you must show…

7 years ago

Is denial of a transfer away from a biased supervisor an adverse action?

Yes.  According to the DC Circuit's 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing…

7 years ago

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to "discharge, fine, expel, discipline,…

7 years ago

Can a court grant summary judgment in a discrimination case prior to discovery?

  As a general rule, summary judgment is appropriate only "after adequate time for discovery."…

7 years ago

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual…

7 years ago

What are some indications that an employer performed a sham investigation of a discrimination complaint?

  Indications that an employer performed a sham investigation of a discrimination complaint include: The…

7 years ago

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on…

7 years ago

Is an employee protected against retaliation for participating in an employer’s internal investigation?

Yes.  The Supreme Court held in Crawford v. Metro. Gov’t  of Nashville, 555 U.S.271, 279-80…

7 years ago

Are there any time limits on when I must file a charge of discrimination?

  If you're filing a lawsuit under Title VII, you must first file a complaint…

7 years ago