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FMLA or Not, Performance Still Matters: This Case Shows Why

When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. Continue reading

When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. Continue reading

Most people assume FLSA retaliation claims start and end with the employer on the worker’s W-2. Not so. The Ninth Circuit just widened the blast radius. Continue reading

Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. Continue reading

Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. Continue reading

Several readers of this blog have floated the idea that Muldrow v. City of St. Louis — the Supreme Court’s recalibration of what counts as actionable harm in discrimination cases — might ripple into harassment standards. One federal appellate court recently explained why it doesn’t. Continue reading