If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. TL;DR: An employee argued that retaliation could be inferred because the employer’s harassment policy required managers to report complaints “up the ladder,” so…
Most employment cases fall apart because the evidence is thin or the comparators don’t line up. This one fell apart because of what the employee herself admitted – under oath. TL;DR: A Sixth Circuit panel affirmed summary judgment for an urgent care clinic after a front-desk employee was terminated…
The EEOC just pulled the plug on its most comprehensive harassment guidance. Some federal guardrails are gone, but the law is not – and neither are employers’ obligations. TL;DR: The EEOC has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace. The statutes prohibiting harassment did not change, but…
Deciding too early that accommodation is impossible can shape everything that follows. This case shows why courts often let juries sort it out. In a recent ADA decision from the Northern District of Illinois, an employer decided an injured employee could not return as a bus operator under her medical…
A single recruiting phone call. No application. No interview. And yet, enough evidence for a federal judge to let an ADA hiring case move forward. TL;DR: A federal court in North Carolina refused to throw out an ADA hiring case brought by the EEOC after a recruiter allegedly shut down…
When an employee’s health takes a turn, the instinct is to be flexible. The legal risk is assuming flexibility means you cannot enforce expectations. TL;DR: The Eleventh Circuit affirmed summary judgment for a county employer that ended a probationary employee’s employment after documenting performance problems, even though the employee…
Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on…
HR professionals do not have a crystal ball. When an employee files an EEOC charge, no employer can predict how that dispute might later be reframed in a lawsuit or expanded with new legal theories. A recent Fourth Circuit decision recognizes that reality, while still reinforcing something practical…
Employers often worry that a good-faith effort to keep an injured employee working will later be used against them as proof they “could have accommodated” the employee indefinitely. A recent Sixth Circuit decision draws a clear line between temporary flexibility and permanent obligation. TL;DR: The Sixth Circuit affirmed summary judgment…
Employees do not need perfect words or legal buzz phrases to trigger ADA protections. But they do need to communicate clearly enough to let an employer know they are asking for a change at work because of a medical condition. A recent federal court decision out of Ohio shows…