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The Employer Handbook BlogThe Religious Accommodation Lessons Inside MLB’s Pride Night Controversy
Who would have guessed that the most interesting religious discrimination issue of the week would show up on a Major League Baseball field?
A coworker touched her three times. The first two reports didn’t count. The employer’s response to the third won it the case.
When a coworker grabs a colleague three times, a Seventh Circuit majority says a jury could find sexual harassment. The employer still won. The reason why is more useful to HR than the result.
Unpaid Leave Won This ADA Case. It Shouldn’t Be Your First Move.
An excellent teacher with a progressive disability wanted paid leave to get a guide dog. Her employer offered unpaid leave instead. A federal appeals court just said that was enough.
Sole Survivor: What an ADA Shoe Fight Teaches Employers About Accommodation
A cocktail server with a foot disability wore Skechers sneakers for two years under an accommodation her employer granted. When new management decided sneakers didn’t meet appearance standards, the employer narrowed the accommodation and eventually terminated her for refusing to comply. Most of the lawsuit went with her.
The Racial Slur the CEO Knew About. The $21 Million Verdict That Followed.
A racial slur used in 2007 was still admissible evidence at a 2024 trial. The employer’s failure to address it helped produce a $21 million verdict.
The DOJ Called the EEOC’s Disparate-Impact Guidelines Unconstitutional. The EEOC Basically Asked It To.
Yesterday, the U.S. Department of Justice told the U.S. Equal Employment Opportunity Commission that it has been applying its disparate-impact guidelines unconstitutionally.
That’s awkward, right?
Well, perhaps not. For most employers, it may be even less than that.
The Moment FMLA Protection Kicks In Might Be Earlier Than You Think
It didn’t take a formal leave request. It didn’t take a doctor’s note. One email asking for FMLA forms was enough to trigger retaliation protection.
The EEOC Just Told Employers Which Cases It’s Coming After. DEI Programs Made the List. What Else Did Too?
The EEOC approved a new National Enforcement Plan last week, and for the first time in recent memory ever, the agency has put DEI programs, religious accommodations, and national origin bias against American workers on the same priority list.
Rejected for a Positive Cannabis Test in New Jersey? Now Applicants Can Sue.
A federal appeals court ruled in 2024 that New Jersey job applicants had no legal recourse when employers rejected them over a positive recreational cannabis test. The New Jersey Appellate Division just disagreed.
Does Your Quarterly Bonus Program Create an Overtime Recomputation Obligation?
If your quarterly bonus is calculated as a proportional share of each employee’s total earnings — straight time plus overtime — the DOL says you do not owe any additional overtime on top of it. The overtime premium is already in the math.