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The Employer Handbook BlogClock In, Park the Car, Lose the Job: An FMLA Retaliation Claim Falls Short
The time clock was inside the store. His car still needed parking. He decided the clock should come first.
Que será. Continue reading
Does Calling a Coworker “Karen” Create a Hostile Work Environment?
A meeting about workplace name-calling probably shouldn’t end with an administrator pounding his chest. Yet here we are. Continue reading
The EEOC Rescinds Its Criminal-Records Guidance. What Changes for Employers?
The EEOC’s retreat from disparate-impact enforcement now reaches criminal background checks. Employers considering changes to their screening procedures will need to look beyond the agency’s announcement. Continue reading
A Smaller Job, Nearly $12,000 Less Pay, and a Younger Replacement. Forced Out Because of Age?
The employer said it was trying to keep a struggling manager employed. He saw an age-based effort to push him out, but the court found that his retirement was still his choice. Continue reading
She Couldn’t Do Every Task Remotely. Her Accommodation Claim Still Survived.
The employee admitted she could not do every part of her job from home. Her employer still needed a better explanation for why remote work would burden the business. Continue reading
EEOC’s Lawsuit Over a Women-Only Work Event Clears Its First Court Hurdle
A company-paid hotel stay, meals, and two days away from regular duties sound like nice work perks. Restricting the invitation list by sex can turn those perks into a discrimination lawsuit. Continue reading
Can One Local Law Upend an Employer’s Leave Program? Allegheny County Offers a $50,400 Example.
Your company may be headquartered hundreds of miles from Pittsburgh. A remote employee working in Allegheny County could still bring the nation’s first countywide paid parental leave mandate to your doorstep.
She Named Coworkers Who Got Better Treatment. Why Did Her Discrimination Claim Fail?
An employee accused of misconduct can often name someone who supposedly got away with something similar. Employers should be prepared to explain why one employee receives different treatment than another, and good documentation can help. Continue reading
The Assault Was Essentially Undisputed. So Why Did the Harassment Claim Fail?
A company retreat ended with coworkers pulling a man off an employee he sexually assaulted. The company kept him. Continue reading
Can a Sexual Harassment Claim Keep the Whole Lawsuit Out of Arbitration? Yes.
Your employee signed an agreement to arbitrate all employment disputes. But a single sexual harassment claim can bring an entire lawsuit, and every other claim with it, into court anyway. Continue reading