In episode 267, Coffey talks with Catherine Clifton about AI-generated employee grievances, another lawsuit arising from a DEI training program, a Walgreens race and age discrimination case, and a Reddit scenario involving FMLA leave and workplace gossip. They discuss the rise of AI-generated employee grievances citing nonexistent laws and containing factual errors, and how employers should respond to them the same way they’d respond to any poorly written complaint; AI use by medical providers in ADA accommodation responses — including providers drawing conclusions that are legally the employer’s to make; the danger of employees using AI to build one-sided cases that start with a conclusion rather than an objective analysis of facts; an EEOC lawsuit against Washington University in St. Louis arising from a DEI training that racially segregated participants over an employee’s explicit objection, followed by elimination of her position after she filed an EEOC charge; the structural problems with demographic-based separation in DEI programming and the assumption that shared identity equals shared experience; the Walgreens case and the legal standard for comparators in race and age discrimination claims — including similar job, same decision-maker, comparable conduct, and disparate treatment; how summary judgment works and why consistent policy enforcement across all employees is the strongest defense against comparator arguments; the risk of employees not knowing what disciplinary action others have received, and how that gap fuels gossip and unfounded discrimination claims; and a Reddit scenario involving a coworker complaining about an FMLA-protected employee, a supervisor who deflects with “HR is aware,” and how HR should respond to protect privacy while addressing cultural warning signs. 

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About Catherine Clifton

Catherine has more than 20 years of experience specializing in employment law in Texas. She worked with multiple local governmental entities as an employment law attorney and also served as a legal advisor for public safety. 

She spent several years as an administrative services director, where she was responsible for Human Resources, Risk Management, and Payroll. She has advised clients on recruitment, selection, discipline, wage and hour, policies, and grievance matters, including federal and state laws related to labor and employment. 

Catherine also has experience with general municipal law, utility matters, public information, open meetings, and general governance matters.

Catherine is a graduate of Southwestern University, obtained her JD from Texas Tech University. She is certified as a Senior Professional in Human Resources (SPHR). She joined Ross | Gannaway | Clifton, PLLC in 2022.

Contact Catherine Clifton

https://www.gannawayclifton.law/ https://www.linkedin.com/company/rossgannawayclifton/