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The Employer Handbook BlogThe Assault Was Essentially Undisputed. So Why Did the Harassment Claim Fail?
A company retreat ended with coworkers pulling a man off an employee he sexually assaulted. The company kept him. Continue reading
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Can a Sexual Harassment Claim Keep the Whole Lawsuit Out of Arbitration? Yes.
Your employee signed an agreement to arbitrate all employment disputes. But a single sexual harassment claim can bring an entire lawsuit, and every other claim with it, into court anyway. Continue reading
A Transgender Employee Says the EEOC’s LGBTQ+ Rollbacks Drove Him Out. When Does Policy Become Harassment?
A former EEOC employee says the agency’s LGBTQ+ rollbacks made his job intolerable, including changes he was required to help implement. A federal court has allowed his harassment, discrimination, and retaliation claims to proceed. Continue reading
A Manager Tied Promotions to Ending HR Complaints. The Employer Still Won.
If a manager has to explain why telling an employee to stop going to HR was legally defensible, the conversation has already gone poorly.
Did Explaining a Religious Objection After Refusing to Escort a Transgender Spa Guest Come Too Late?
Three days is a long time to wait to explain a religious objection. In this case, the wait came after the conflict, and that was enough to sink the accommodation claim.
Can You Blame an Employee for Ending Religious Accommodation Talks When You Offered No Alternative?
A resignation letter can look like a tidy ending. This one left the school defending what happened before it arrived.
When Do Remote Employees Count as One Worksite Under WARN’s Layoff-Notice Law?
Your employees work from kitchen tables across the country. Before eliminating their jobs, you may need to figure out which tables count together. Continue reading
You Investigated the Harassment. Did the Response Work?
A meeting, a report, and a camera gave this employer plenty to describe. The employee’s testimony about what happened afterward gave a jury something to decide. Continue reading
Suspected FMLA Fraud? The Investigation May Need One More Call.
A signature mismatch can make HR suspicious. It can also have an explanation worth hearing before someone gets fired. Continue reading
Help Me Build a Program Business Lawyers Will Actually Want to Attend.
The Pennsylvania Bar Institute has entrusted me with putting together three hours of online continuing legal education. Naturally, my first move is to recruit reinforcements. Continue reading