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One and Done: Why the EEOC Couldn’t Prove “Ongoing” Harassment

One racial slur wasn’t enough to put a company on notice. A federal appeals court explained why and upheld the jury’s verdict for the employer.

One racial slur wasn’t enough to put a company on notice. A federal appeals court explained why and upheld the jury’s verdict for the employer.

An employer told the EEOC one story to get a discrimination charge dismissed as too late. It told the court a different story to win summary judgment. The judge noticed.

Roughly one in ten of a railroad’s train and engine employees marked off using FMLA leave on Christmas Day. The railroad ran that spike through an algorithm, then a hearing, then a dishonesty finding, and a federal court just said a jury needs to check that whole chain.

She reported the harassment and lost her job. Her supervisor testified that the man she reported wasn’t disciplined; he got training instead.

Last year, a jury hit the Society for Human Resource Management (SHRM), the professional association many HR practitioners look to for certifications and guidance, with a $10 million punitive damages verdict. Now its own insurance company says that’s SHRM’s bill to pay, not theirs.

Let’s be honest: nobody dreams of ending up on the wrong end of an employment lawsuit. And yet, every year, well-meaning HR teams and in-house counsel find themselves scrambling to answer the question, “Wait, how did this become a case?” Continue reading

A coworker allegedly groped her and threatened her on shift. Years later, she got fired not for reporting it, but for how she finally hit back.

A hospital tech got caught sleeping on the overnight shift. Blaming a diabetes medication for it, only after getting caught, didn’t turn her firing into disability discrimination.

Answering a page takes fifteen seconds. Making the follow-up call can quietly turn your commute into paid time.

Your office staff want to skip rush hour by working part of the day from home. The DOL just told you exactly how to let them do it without creating a wage and hour problem.