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The Employer Handbook BlogFired a Medical Marijuana User After a Drug Test? A Pennsylvania Court Says Not So Fast.
Firing a medical marijuana user after a positive drug test may seem straightforward — until a federal court explains why it isn’t.
Next Week: Two Free Sessions. Two Topics You Can’t Afford to Wing.
HR professionals are known for their abundant free time and total absence of compliance anxiety, so naturally next week brings two more things to add to the list. AI hiring liability and immigration updates — back to back, Tuesday and Wednesday. Could be worse. Could be a conference.
Two colleagues of mine are tackling exactly these problems, and you should show up to both. Continue reading
A Good-Faith Accommodation Process Is Not Optional. This Complaint Explains Why.
Granting a religious accommodation request and then placing the employee on indefinite unpaid leave can itself be retaliation. A federal district court in Illinois recently refused to dismiss a Title VII religious discrimination and retaliation lawsuit built on exactly that theory.
The 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.