8/7/2023 0 Comments Rocky iv training![]() Stallone uses fast-paced workouts, a high-protein diet and HGH/testosterone treatments to stay in great shape. For Rocky and Rambo, Stallone used heavy bodybuilding routines. For more about me, my practice, and my firm, click on my full bio.The Sylvester Stallone Workout has changed over the years. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, as a Partner of a national law firm, FisherBroyles, LLP, I’m here to help. ![]() And that’s all well and good for this blog post. So, the plaintiff’s race discrimination claim failed. But, because we cannot say wasn’t given a similar opportunity to train or that never gave him a chance, we cannot hold that his inadequate training claim passes muster. So, intentionally “giv one race X amount of training and another race only half that”-and other instances of dissimilar or unequal training-remains actionable. Per the standard, providing people with a similar opportunity to access a training program cannot be discrimination. gave him access to the “same” robust training as his classmate. In this particular case, the Fifth Circuit concluded that the plaintiff got basically the same training opportunities as employees outside of his protected class: Instead, we ask whether there was a roughly similar opportunity to access the necessary parts of the training program. We aren’t in the business of evaluating trainers, and training programs may vary in inconsequential ways between trainees. Of course, “equality” shouldn’t be taken literally. So, offering a plaintiff an equal opportunity to access the necessary components of the training program is enough to defeat an inadequate training allegation. That said, not all inadequate “training” cases are created equally:Į hold now that an inadequate training claim must be based on, in essence, a failure to provide comparable training. training decision-particularly a failure to train-may constitute an adverse action if it has some effect on an employee’s “status or benefits.” … n inadequate training theory can satisfy the adverse action prong of McDonnell Douglas if the training is directly tied to the worker’s job duties, compensation, or benefits. So, the plaintiff theorized that because the defendant provided him with inadequate training, the inadequate training itself may constitute an adverse employment action if it was directly tied to the decision to terminate. That usually applies only to ultimate employment decisions such as hiring, granting leave, discharging, promoting, or compensating.Īs a rule of thumb, it is not an adverse employment action if the decision does not affect job duties, compensation, or benefits. To establish a disparate treatment claim, a plaintiff must show, among other things, that he suffered some adverse employment action. So, the plaintiff sued for race discrimination, specifically disparate treatment. But he didn’t, and the defendant let him go. The get the job, the plaintiff needed to pass an extensive, multi-pronged training program. He applied for a job at the production plant of a multinational oil and gas company. The plaintiff in the Fifth Circuit decision I read last night, not so much. ![]() Ultimately, however, Rocky overcame those long odds and prevailed. The conditions were grueling and clearly unequal. Leading up to the big fight, Rocky trained hard. ![]() In 1985, Rocky Balboa single-handedly ended the Cold War with the USSR after defeating Ivan Drago. ![]()
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