written before about the honest-belief rule - if an employer honestly
believed in the proffered reason for its action, an employee cannot establish
pretext, even if the employer's reason is ultimately found to be mistaken,
foolish, trivial, or baseless. Jones
v. Nissan N. Am. (6th Cir...
Last week, I discussed the bounds
of the "honest belief rule" as a defense to a discrimination claim.
Yesterday, in Seeger
v. Cincinnati Bell Telephone Co. [pdf] , [ an enhanced version of this opinion is available to lexis.com subscribers ]the 6th Circuit used that same
defense to affirm...
turned 20 last week and there has been a flurry of articles and posts
discussing how the FMLA has changed the workplace, whether it imposes too high
of a burden on employers, and predicting how it will likely continue to evolve.
Academic commentary aside, though, we all know that the FMLA...
The honest-belief rule is one of most effective shields available to employers in discrimination cases:
As long as an employer has an honest belief in its proffered nondiscriminatory reason for discharging an employee, the employee cannot establish that the reason was pretextual simply because it...
The only fight I’ve even been in was in 4th grade. For reasons that I can’t remember, Yale Weinstein and I squared off in the schoolyard of Loesche Elementary School. There were no winners, only losers, and the only thing that saved both of us from suspension that day was the fact that the...