When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of leave, it is on solid legal ground. Continue reading
A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she returned to full-time, in-person work. A year later, she turned down a contractor role and sued. The Sixth Circuit said the employer handled it exactly right. Continue reading
From lapel pins to lanyards to slogans on uniforms, employees are bringing social causes to work, and HR is left balancing expression, inclusion, and workplace order. A recent federal court decision involving a “BLM” message on a Home Depot apron shows where those boundaries start to take shape. Continue reading
A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which the employee declined. Continue reading
A new Fourth Circuit decision applying the Supreme Court’s Groff v. DeJoy standard shows that “undue hardship” still has teeth. The court sided with an employer that denied a religious exemption from its COVID-19 vaccine policy, but its reasoning stretches far beyond vaccines or healthcare. Continue reading
Most accommodation cases start with an employee asking to stay home.
This one features the rare unicorn: a disabled worker who fought for the right to come in. Continue reading
Two employees break the same rule. One gets fired. The other gets another chance.
That’s not just a management headache; it’s a discrimination lawsuit waiting to happen. Continue reading
Sometimes promotions move quietly through the ranks.
No job posting, no formal applications, just a quiet internal decision.
A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. Continue reading
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