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. TL;DR: A federal court just explained how to…
Articles Posted in Discrimination and Unlawful Harassment
When the supervisor mouths off but the documentation saves the day
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. TL;DR: A supervisor mocked an employee’s VA disability rating, and the employee reported…
Hostile Work Environment Claims After Muldrow: What Changed, What Didn’t, and Why Courts Are Drawing the Line
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. TL;DR: The Tenth Circuit held…
Preparing for the CROWN Act: A Pennsylvania Employer’s Guide to the New Hair-Based Discrimination Rules
Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a…
When Pro-American Bias Violates Title VII: The EEOC’s New National Origin Materials Cut Both Ways
The EEOC just refreshed its national origin educational materials. They focus on anti-American discrimination. But turn the examples around and you see an equally important point: pro-American favoritism can violate Title VII too. TL;DR: Title VII protects all national origin groups. The EEOC’s new guidance spotlights discrimination against Americans,…
When the Documentation Is Rock Solid, Pretext Claims Don’t Stand a Chance
Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself. And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. TL;DR: An employee responsible…
When “Good Times Bad Times” Still Trigger ADA Coverage
Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision…
😲 Wait… THIS Didn’t Count as a Hostile Work Environment?
Employees and supervisors often assume that any inappropriate physical contact is automatically a hostile work environment. But the Eleventh Circuit continues to apply one of the strictest “severe or pervasive” standards in the country. This case shows just how high that bar is. This is part two of the…
Retaliation Requires Protected Activity. Is a Subpoena Enough?
Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.” This is part one of two. Tomorrow, we…
Not Every Discrimination Complaint Gets Legal Protection
A discrimination complaint can be genuine without being legally protected. An employee learned that the hard way when her retaliation claim flatlined before it even got to trial. A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it…