When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly…
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…
When a customer harasses an employee, the EEOC says employers are liable if they knew or should have known and didn’t act. The Sixth Circuit says: not unless you intended it to happen. TL;DR: An employee claimed a customer sexually harassed her and her employer should be liable under Title…
When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to…
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…
When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. TL;DR:…
In most ADA cases, the question of whether an employee has a disability isn’t in serious dispute. Courts typically move quickly to focus on accommodations or workplace conduct. But in this case, the court stopped at step one, finding that the employee hadn’t shown he had a disability at…
A nurse claimed she was fired for her religious beliefs. The hospital said it fired her because of its religious beliefs. So who gets Title VII’s protection? TL;DR: Title VII includes a narrow exemption that allows religious organizations to make employment decisions based on religion when those decisions are…
You think you’ve solved the problem. You separate the employee from the alleged harasser. You tell him not to contact her—ever. Years pass without incident. Then one day, the same two people cross paths again, and a decision that stops short of firing her, but directly threatens her pay and…
If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. TL;DR: A 25-year warehouse employee with a long record of strong reviews…