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The Employer Handbook BlogOne DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high.
Two Pilots Abused Sick Leave While Serving in the Military. USERRA Didn’t Save Them.
One pilot called in sick with the flu and went skiing. He also called in with a knee injury and flew military jets the same day. The other pilot claimed he was too sick to fly and then flew jets for the military instead. The Eleventh Circuit says the airline was right to push them both out.
New Jersey’s Independent Contractor Rules Are Now Official — And the Burden Is All Yours
Fail any one of the three prongs of New Jersey’s ABC test, and the worker is your employee. The Department of Labor adopted new independent contractor rules on May 5, making that standard official in binding regulation, and employers have until October 1 to get their contractor relationships in order.
What Happens When an Employee Frames a Workplace Grievance as Religious Expression?
A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the reasons why are a useful lesson for any employer.
If Prayer Isn’t Enough to Support a Religious Exemption Request, What Is?
When does a religious exemption request stop being religious? A federal appeals court just answered that question in a way that eight of its own judges found alarming.
Before You Fire Someone for FMLA Paperwork Problems, Make Sure Your System Worked
A 19-year employee couldn’t reach his FMLA administrator. The phone system hung up on callers at 5 p.m. An HR rep told him not to worry. Then he was fired for dishonest FMLA reporting.
HR Said She Was Just There for the Maternity Benefits. See You in Court.
A warehouse worker started her job seven months pregnant. Thirteen weeks after delivering, she was fired. One sentence from the HR rep is why this case is going to trial.
Can an Employee Sue for Failure to Accommodate a Disability She Said She Didn’t Have?
An employee who says “I’m not disabled” can’t turn around and sue for failure to accommodate a disability. The Sixth Circuit just confirmed that’s true even when the employer is the one who raised the disability question in the first place.
Did Interviewers Say the Quiet Parts Out Loud? The EEO-1 Data May Have Confirmed the Rest.
According to the EEOC, a waste management company hadn’t hired a female garbage truck driver in years, and its interviews showed why: a manager told one qualified female applicant to think carefully, talk to her husband, and let him know if she still wanted the job. She did. The company hired a man. The case settled for $200,000.
If Free Help Was Available and You Turned It Down, Can You Still Claim Undue Hardship?
A blind customer care advocate asked for screen reading software. According to the EEOC, his employer tested two products, decided the software wasn’t compatible, turned down a free offer from a state agency to help, and terminated him. That sequence cost $270,000.