Eric Bachman
Bethesda
Protecting whistleblowers and employees subjected to discrimination
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Articles by Eric Bachman
The Key Rule That Lets You Use Years of Evidence in Proving Workp
Workplace harassment and hostile work environment claims—especially sexual harassment and racial harassment—can be tough to prove. They become even harder when serious incidents happened more than 300 days before filing a charge with the Equal Employment Opportunity Commission (EEOC).
Employment Discrimination or Retaliation Case- What to Expect
You’ve filed a discrimination or harassment lawsuit—now what? The next phase, discovery, is where the real battle begins. It’s often the most time-consuming part of litigation, and it can make or break your case. Discovery is the court-supervised process where both sides exchange information about the claims. In plain English, it’s your chance to uncover the facts you need to prove your employer discriminated against you—and your employer’s chance to test your story.
Hidden Risks in Executive Severance/Settlement Agreements: Read Before You Sign
Leaving a job is a major transition. Sometimes it’s planned, sometimes it’s sudden, and sometimes it follows a conflict—like a discrimination or retaliation complaint. Whatever the reason, your employer may place a settlement or severance agreement in front of you. At first glance, it looks like a win-win: sign here, collect your payout, and move forward. But these agreements are drafted by employers and their lawyers with one goal in mind—protecting the company.
Emotional Distress Damages in Employment Discrimination Cases: The Key Elements [Video]
Skip to main content September 02, 2025 Volume XV, Number 245 Legal Analysis. Expertly Written. Quickly Found. Trending News Emotional Distress Damages in Employment Discrimination Cases: The Key Elements [Video] Print Mail Download />i Facebook Linkedin Reddit X If you’ve been the victim of workplace discrimination, you already know the toll isn’t just financial. Harassment, retaliation, or wrongful termination can leave lasting scars on your mental and emotional health.
What Airline Workers Need to Know About AIR21 Whistleblower Protections
Skip to main content August 28, 2025 Volume XV, Number 240 Legal Analysis. Expertly Written. Quickly Found. Trending News What Airline Workers Need to Know About AIR21 Whistleblower Protections Print Mail Download />i Facebook Linkedin Reddit X When most people think about air travel safety, they picture well-trained pilots, strict maintenance checks, and layers of federal regulations. But there’s another safeguard working behind the scenes: a law called the Wendell H.
The Equal Pay Act: 60 Years of Progress Toward Closing the Pay Gap
Sixty years ago Congress passed the Equal Pay Act, which has resulted in significant gains for female employees toward achieving “equal pay for equal work.” What Does The Equal Pay Act Do? The Equal Pay Act prohibits a company from paying unequal wages to men versus women for “equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.” 29 U.S.C. 206(d)(1).
The Equal Pay Act Turns 60 And Is More Relevant Than Ever
Equal pay and work symbol. getty Sixty years ago Congress passed the Equal Pay Act, which has resulted in significant gains for female employees toward achieving “equal pay for equal work.” What Does The Equal Pay Act Do? The Equal Pay Act prohibits a company from paying unequal wages to men versus women for “equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.” 29 U.S.C. 206(d)(1).
Rural Structure Fire Unexpectedly Involves Lithium-Ion Batteries
By Eric G. Bachman On March 3, 2023, Garden Spot Fire Rescue in Lancaster County, Pennsylvania, and mutual-aid departments were dispatched for a reported structure fire at a utility building on an agricultural property. Although not uncommon for this rural area of Lancaster County, the rapidly deteriorating conditions indicated otherwise. The first-arriving unit was an engine company reporting smoke showing from all sides.
U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"
On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or investment treaty arbitrations. As detailed in our previous alerts on this issue,1 U.S. Circuit Courts of Appeal have diverged on whether discovery assistance is available to parties in private international arbitration.
What Counts As An Internal Complaint In A Sexual Harassment Case?
In a sexual harassment lawsuit, a key legal question is whether the employee complained to the company about the harassment. But what, exactly, counts as an internal complaint under the law? The answer, discussed in detail below, depends on who the harasser is and what internal complaint policies the employer has in place.
Flexible Work Arrangement Policies, State-Level Privacy Laws Increasing, AI and Disability Bias – Employment Law This Week [VIDEO]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
How Much Money Is An Employment Discrimination Case Worth?
A common question employment lawyers get from their clients in an employment discrimination case is: if I win, how much will my case be worth? While no "one size fits all" answer exists, it is possible to specifically identify the types of damages that are available and to spell out how the amount will be determined.
Bombshell $70 M Verdict in Employment Discrimination Case
Last month, a jury in Texas delivered a stunning $70 million verdict in favor of 10 employees who worked for Glow Networks. Nine of the ten plaintiffs were Black employees. The case, Yarbrough, et al. v. Glow Networks, Inc., is a potent reminder about the continuing effects of employment discrimination as well as the legal remedies that exist to combat unequal treatment and retaliation at work. The plaintiffs are represented by The Sanford Firm. The defendants are represented by Ford & Harrison.
3 Pivotal Documents in A Corporate Whistleblower Retaliation Case
Monday, March 21, 2022 A steady rise in corporate whistleblower retaliation cases has occurred in recent years and a crucial element in winning these lawsuits centers on what evidence the employee can marshal to prove their claims. Typically the employer holds most of the cards in terms of access to documents and information related to the underlying facts in a whistleblower retaliation dispute.
$70 Million Verdict Against Texas Company In Employment Discrimination Case
Gavel for judge, law and order getty Last month, a jury in Texas delivered a stunning $70 million verdict in favor of 10 employees who worked for Glow Networks. Nine of the ten plaintiffs were Black employees. The case, Yarbrough, et al. v. Glow Networks, Inc., is a potent reminder about the continuing effects of employment discrimination as well as the legal remedies that exist to combat unequal treatment and retaliation at work. The plaintiffs are represented by The Sanford Firm.
3 Pivotal Documents In A Corporate Whistleblower Retaliation Case
reading word whistle blower getty A steady rise in corporate whistleblower retaliation cases has occurred in recent years and a crucial element in winning these lawsuits centers on what evidence the employee can marshal to prove their claims. Typically the employer holds most of the cards in terms of access to documents and information related to the underlying facts in a whistleblower retaliation dispute.
New Ruling Examines Emotional Distress Damages In Employment Cases
Yellow medical record folder getty An ongoing case in New Jersey involving a judge who accuses state officials of creating a hostile work environment sheds important light on the potential ramifications of seeking emotional distress damages in an employment case. The legal issues at stake in this case arise in many employment discrimination and whistleblower retaliation cases in which the employee claims the employer’s actions caused severe emotional distress.
4 Crucial Points About the Employment Discrimination Case Against the NFL
Monday, February 7, 2022 Brian Flores filed a bombshell racial discrimination lawsuit against the NFL this month. Flores is a Black former head coach of the Miami Dolphins who was fired in January and has since been rejected by multiple other NFL teams for a head coach role.
4 Crucial Points About Brian Flores’s Race Discrimination Case Against The NFL Original
DENVER - SEPTEMBER 16: A close up of the official NFL 'The Duke' game ball Getty Images Brian Flores filed a bombshell racial discrimination lawsuit against the NFL yesterday. Flores is a Black former head coach of the Miami Dolphins who was fired in January and has since been rejected by multiple other NFL teams for a head coach role.
Will The NFL Be Sued for Race Discrimination Against Black Coaches?
Monday, January 31, 2022 This time of year the media spills a lot of ink discussing the lack of Black head coaches in the NFL, yet what receives far less attention is the potential legal liability for race discrimination that an NFL team could face. That no team has been sued for this is somewhat remarkable given that each NFL team is a multi-billion dollar company with near constant local and national media coverage and rabid fan bases.
Will The NFL Be Sued For Race Discrimination Against Black Coaches?
An NFL logo Getty Images This time of year the media spills a lot of ink discussing the lack of Black head coaches in the NFL, yet what receives far less attention is the potential legal liability for race discrimination that an NFL team could face. That no team has been sued for this is somewhat remarkable given that each NFL team is a multi-billion dollar company with near constant local and national media coverage and rabid fan bases.
4 Documents that Will Make or Break an Employment Discrimination Case
Monday, January 24, 2022 Too often employees experience discrimination at work but lack the documents and other evidence necessary to prove they were treated differently due to their gender, age, race, or other protected characteristic. With this in mind, let’s highlight four types of documents that an employee should have access to, which can play a pivotal role in the outcome of their employment discrimination case. Talk with an employment discrimination lawyer for a more in-depth analysis.
4 Documents That Will Make Or Break An Employment Discrimination Case
Detail of a filing cabinet with tabs getty Too often employees experience discrimination at work but lack the documents and other evidence necessary to prove they were treated differently due to their gender, age, race, or other protected characteristic. With this in mind, let’s highlight four types of documents that an employee should have access to, which can play a pivotal role in the outcome of their employment discrimination case.
Summary Judgment Explained: The Critical Juncture in Employment Discrimination and Whistleblower Retaliation Cases
Monday, December 27, 2021 Most headlines about employment law cases, whether it is an employment discrimination or whistleblower retaliation claim, relate to a jury trial verdict. Big damage awards in age discrimination and gender discrimination lawsuits are certainly newsworthy. But the most consequential decision in almost every employment discrimination or whistleblower retaliation case is made by a judge—not the jury—at the summary judgment stage. What Is Summary Judgment?
The 'Glass Ceiling' for Black corporate executives is really a 'Concrete Ceiling'
December 20, 2021 The OSHA ETS Is Back On - For Now by: Aaron A. Bauer and Elizabeth N. Hall Federal Vaccine Mandates Are Back in Play—for Now by: Michelle S. Strowhiro and Abigail M. Kagan California Employers Must Comply with the Cal/OSHA ETS While... by: Sean Paisan Here We Go Again: Sixth Circuit Lifts Stay of OSHA COVID-19 ETS for... by: Luis E. Avila and David E. Khorey ETS Developments in the Supreme Court — and more on the Sixth Circuit...
Summary Judgment Explained: The Critical Juncture In Employment Law Cases
null Getty Most headlines about employment law cases, whether it is an employment discrimination or whistleblower retaliation claim, relate to a jury trial verdict. Big damage awards in age discrimination and gender discrimination lawsuits are certainly newsworthy. But the most consequential decision in almost every employment discrimination or whistleblower retaliation case is made by a judge—not the jury—at the summary judgment stage. What Is Summary Judgment?
The“Glass Ceiling” For Black Corporate Executives Is Really A “Concrete Ceiling”
Employee interview getty Black employees at the 50 most valuable corporations in the United States comprise only 8 percent of the top executive positions at these companies, according to a new Washington Post report.
New Appellate Ruling Tackles Common Issues in Employment Discrimination Cases
Wednesday, December 15, 2021 A federal appeals court this month ruled in favor of the plaintiff in an employment discrimination case that addresses common defenses and legal issues that arise in Title VII, Equal Pay Act, and related laws. The U.S. Court of Appeals for the Fourth Circuit issued its decision in Sempowich v. Tactile Systems Technology, Inc., No. 20-2245 (4th Cir. Dec. 3, 2021), and its legal analysis instructive for employees and employment discrimination lawyers on a number of issues.
3 Key Things to Know About AIR21, the Law Protecting Airline Safety Whistleblowers
Monday, December 13, 2021 One of the least talked about laws protecting your next airline flight is the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), which prohibits retaliation against airline employees who blow the whistle on safety issues. Here are three important facets of the law that every airline employee should know. Talk with an AIR21 lawyer to learn more about your legal options.
New Appellate Ruling Tackles Common Issues In Employment Discrimination Cases
APPEAL word on a wooden blocks. getty A federal appeals court this month ruled in favor of the plaintiff in an employment discrimination case that addresses common defenses and legal issues that arise in Title VII, Equal Pay Act, and related laws. The U.S. Court of Appeals for the Fourth Circuit issued its decision in Sempowich v. Tactile Systems Technology, Inc., No. 20-2245 (4th Cir. Dec.
Jury Awards Millions to Boston Detective in Glass Ceiling Discrimination Case
Monday, December 6, 2021 A jury awarded $2 million to Boston Police Department (BPD) detective, Donna Gavin, after finding that she had been subjected to glass ceiling discrimination, harassment, and retaliation. The verdict arrived earlier this month after nearly three and a half years of litigation related to her lawsuit. This case serves as an important reminder about the stubborn persistence of the glass ceiling in many fields, from Fortune 500 companies to law enforcement agencies.
Jury Awards Millions To Boston Police Department Detective In Glass Ceiling Discrimination Case
BOSTON, MASSACHUSETTS - JUNE 04: A Boston Police Officer Getty Images A jury awarded $2 million to Boston Police Department (BPD) detective, Donna Gavin, after finding that she had been subjected to glass ceiling discrimination, harassment, and retaliation. The verdict arrived earlier this month after nearly three and a half years of litigation related to her lawsuit.
Former JP Morgan Executive Files SOX Whistleblower Retaliation Lawsuit
Monday, November 29, 2021 An ex-Vice President with JP Morgan, Shaquala Williams, initiated a lawsuit in federal court alleging that the bank fired her in retaliation for whistleblower complaints that are protected by the Sarbanes-Oxley Act of 2002 (SOX). In particular, she said that JP Morgan lacked adequate internal controls to detect fraud and that the bank had violated its agreements with the U.S. Department of Justice and the Securities and Exchange Commission.
“Carbon Negative EarthShot” takes aim at atmospheric carbon dioxide
Image credit: Daniel Olah on Unsplash The US Secretary of Energy, Jennifer Granholm, has drawn a line in the sand and launched a powerful salvo aimed at atmospheric carbon dioxide (CO2) and, in doing so, has thrown a lifebuoy into the sea of greenhouse gases in which we are all drowning. Head of the US Department of Energy, Granholm wields formidable power and brings considerable resources to the climate fight.
Former JP Morgan Executive Files SOX Whistleblower Retaliation Lawsuit
The logo of JP Morgan bank POOL/AFP via Getty Images An ex-Vice President with JP Morgan, Shaquala Williams, initiated a lawsuit in federal court alleging that the bank fired her in retaliation for whistleblowercomplaints that are protected by the Sarbanes-Oxley Act of 2002 (SOX). In particular, she said that JP Morgan lacked adequate internal controls to detect fraud and that the bank had violated its agreements with the U.S. Department of Justice and the Securities and Exchange Commission.
What Counts as an “Adverse Employment Action” in Discrimination and Retaliation Cases?
Monday, November 22, 2021 When an employee experiences discrimination or retaliation at work it often takes the form of significant action, such as a termination, demotion, or suspension, all of which clearly represent an “adverse employment action” under relevant anti-discrimination and retaliation laws. But many times the retaliation and discrimination take subtler forms including a “death by a thousand cuts” approach.
What Counts As An “Adverse Employment Action” In Discrimination And Retaliation Cases?
Employment Law book with legal gavel getty When an employee experiences discrimination or retaliation at work it often takes the form of a significant action, such as a termination, demotion, or suspension, all of which clearly represent an “adverse employment action” under relevant anti-discrimination and retaliation laws. But many times the retaliation and discrimination take subtler forms including a “death by a thousand cuts” approach.
Religious Exemptions from Mandated COVID-19 Vaccines: Must Employers Consider Those Employee Requests?
Wednesday, November 3, 2021 Since the advent of the COVID-19 vaccines early in 2021, potential religious exemptions to mandatory vaccine requirements have been a challenging legal issue and focus of debate.
How “Rule of Law” Foreign Aid Helps Big Business But Burns Consumers and Employees, with Jason Rathod [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
A robot in chameleon skin uses nature’s active camouflage
by Geoffrey Ozin | Aug 26, 2021 Using advanced sensors and a thermally responsive skin, a new robotic chameleon demonstrates mastery over color. Hyeonseok Kim, et al. Nat Commun 12, 4658 (2021) Approximately six years ago, I wrote about the integration of colour-shifting photonic crystals into credit cards, banknotes, and passports as a security measure against counterfeiting.
EEOC backs U.S. Women’s Soccer Team in pay discrimination case
Wednesday, August 25, 2021 Players for the U.S. Women’s National Soccer Team (USWNT) have filed an appeal in their pay discrimination suit against the United States Soccer Federation (USSF). The appeal comes after a federal judge ruled against the USWNT players last year, holding they had not demonstrated that they received unequal pay. Morgan v. United States Soccer Federation, Inc., 445 F. Supp. 3d 635 (C.D. Cal. 2020).
How the ADA and FMLA Intersect and Why this is Important for Employees
Monday, August 23, 2021 For employees with disabilities and serious medical conditions, two key laws provide important protections in the workplace: The , which provides guaranteed paid leave to certain employees to care for serious medical conditions; and The Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities and prohibits discrimination because of disability status.
How to Report Promissory Note Fraud and Earn an SEC Whistleblower Award
Friday, August 20, 2021 Promissory Note Fraud and the SEC Whistleblower Program Fraudsters have recently begun to use promissory notes as vehicles to defraud investors. Most promissory note frauds share common characteristics (see “Red Flags for Promissory Note Fraud” below) and follow similar, predictable fact patterns. First, fraudsters raise money by selling promissory notes to investors that offer high, fixed-rate returns with very low levels of risk.
How The ADA And FMLA Intersect And Why This Is Important For Employees
people in need priority icon symbol getty For employees with disabilities and serious medical conditions, two key laws provide important protections in the workplace: The , which provides guaranteed paid leave to certain employees to care for serious medical conditions; and The Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities and prohibits discrimination because of disability status.
Multi-Million Dollar Settlement Reached for Employees in Data Breach Case
Monday, August 9, 2021 A years-long litigation battle surrounding a data breach at the University of Pittsburgh Medical Center in 2014 has resolved with a judicially approved settlement. Under the agreement, UPMC must pay $2.65 million to 66,000 employees whose personal information was stolen in the data breach. UPMC’s case highlights the responsibilities an employer may have to protect its employees’ private information.
Edward Jones & Co. Financial Advisors Reach $34 Million Settlement In Discrimination Case
Monday, August 2, 2021 A federal court recently gave its stamp of approval to a $34 million settlement agreement between Edward Jones & Co. and the company’s Black financial advisors (FAs). The settlement resolves a years-long litigation battle and includes provisions aimed at promoting a more inclusive corporate culture going forward.
Massive $125 million verdict against Walmart in disability discrimination case
Wednesday, July 28, 2021 A federal jury recently delivered an eye-popping $125,150,000 verdict in a disability discrimination case against Walmart. The case, EEOC v. Wal-Mart Stores East, E.D. Wis., No. 1:17-cv-00070 (E.D. Wis. 2021), dealt with actions taken against a disabled employee who was protected by the Americans with Disabilities Act (ADA).
EEOC Sues NY Diner for Alleged Rampant Sexual Harassment of Female Employees
Tuesday, June 22, 2021 A recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC) alleges that female employees of a New York diner were subject to sexual harassment and sex-based discrimination, thereby creating a hostile work environment. The case, which was filed in federal court, illustrates the elements necessary to bring a claim against an employer on the basis of sexual harassment.
Emotional Distress Damages: What Medical Files Can Your Employer Get in Litigation?
Thursday, June 17, 2021 An ongoing case in New Jersey has highlighted the questions surrounding what confidential health information an employer may access when an employee seeks emotional distress damages in an employment discrimination lawsuit. What are emotional distress damages? There are several types of damages that an employee may recover in an employment discrimination case. This includes emotional distress damages, which are a specific subset of compensatory damages.
Bostock one year later: how LGBTQ+ employment discrimination laws are evolving
Wednesday, June 16, 2021 Last June, the Supreme Court took a major step forward on protections for LGBTQ+ workers when it handed down a landmark 6-3 decision in Bostock v. Clayton County. In Bostock, the Court ruled that Title VII of the 1964 Civil Rights Act prohibits employers from discriminating on the basis of sexual orientation and gender identity.
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