With apologies to P!nk (and her hit, “Just Give Me a Reason”), a new court decision gives new meaning to the phrase. 

Photo Courtesy Wikimedia Commons

Before we get to that, longtime readers of the blog will no doubt be familiar with the burden-shifting analysis that courts use to analyze discrimination

This morning, Jon Hyman over at the Ohio Employer’s Law Blog, reported on a 6th Circuit decision that suggested that an employment discrimination claim could survive even in the absence of a jury finding an “adverse employment action.”

Yesterday, a District Court decision in Connecticut said exactly the opposite.  Indeed, the court granted an employer’s

Appellate Court decisions can be frustrating.  Every once in a while, instead of deciding the merits of the matter, the court will reject an appeal because a party did not "preserve" the issue at the lower courts through a proper protest. 

That’s what happened in Mokonnen v. Pro Park, Inc. (download here)  from the