The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or…
Sometimes courts resolve complex employment issues. And sometimes they are asked whether an employee suffered legal harm because she didn’t get to say goodbye to coworkers. Buckle up. TL;DR: A federal appellate court just affirmed summary judgment against an employee who quit, gave two weeks’ notice, was paid for the…
A single disclosure from a job applicant about her methadone prescription allegedly turned a routine interview into an ADA problem the EEOC now wants a court to resolve. TL;DR: The EEOC has sued concrete-industry employers, alleging they refused to hire applicants who lawfully use methadone or other medication-assisted…
How can you tell if your business is big enough to trigger federal or state employment laws? A recent Ninth Circuit case illustrates just how complicated that question can get. Two columns in a payroll spreadsheet generated two different employee counts, creating a triable issue about legal coverage. TL;DR: A…
Sometimes the biggest workplace stories are the ones that hit closest to home for HR professionals. A recent jury verdict involving the Society for Human Resource Management (SHRM) is one of those moments, not because of who the defendant was, but because the issues are ones every employer faces.…
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…
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…
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…
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…
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,…