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Articles Posted in Discrimination and Unlawful Harassment

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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…

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😲 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…

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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…

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🏠 Employee Refused to Return to the Office Over “Mold.” The Court’s Response? Breathe Deep and Report Back to Work.

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…

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How an Employer Won an ADA Case by Offering a Different Job Instead of More Leave

  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…

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A Potential New Roadmap for Religious-Accommodation Requests

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. TL;DR: In an October 2025…

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The Unicorn of Accommodation Cases: The Disabled Worker Who Refused to Telework

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. TL;DR: A disabled IRS employee sued under the Rehabilitation Act after the agency required telework during COVID and turned down his request for indefinite…