An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. TL;DR: The Fourth…
Articles Posted in Discrimination and Unlawful Harassment
She Said Don’t Call Me “Sweetheart.” That Still Wasn’t Enough to Sue.
Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. TL;DR: A manager repeatedly called an employee “sweetheart.” She objected, complained, and was later fired. But a court said…
When Your Spouse Is Ill, What Does the ADA Really Protect?
A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. TL;DR: A deputy warden sued after being passed over for promotion, alleging her husband’s serious illness led to discrimination. The Eleventh Circuit rejected her ADA claim, emphasizing that associational disability claims require a strong…
Jury Finds Age Discrimination Against HR Manager, Awards Enough for a Gallon of Gas (Unleaded, Not Premium)
He proved age discrimination. The jury agreed. Then they awarded him $3. One dollar for back pay, one for front pay, and one for emotional distress. No, this wasn’t small claims court. But it might as well have been. TL;DR: A Michigan jury found that a former HR Manager was…
Genetic Information and Employee Wellness: A Compliance Primer
“Gina works the diner all day, working for her man, she brings home her pay…” But if her employer starts asking about her family medical history, we might have a problem. Not with Bon Jovi—but with GINA, the Genetic Information Nondiscrimination Act. If you’re not sure what that means,…
A trucking company rejected a deaf driver and got hit with a $36 million verdict—here’s what employers can learn.
When a trucking company told a deaf applicant, “No, I’m sorry, we can’t hire you because of your deafness,” it wasn’t just a bad look—it was a multimillion-dollar ADA violation. The jury awarded $36 million (later capped), and the appeals court backed it up. TL;DR: A trucking company refused…
Requesting an Accommodation Shouldn’t Be a Black Box
An employee requested a medical exemption from a workplace policy but refused to provide adequate documentation or let her provider clarify her condition. A federal appeals court found that was enough to end the interactive process—and the employer’s obligation. TL;DR: A recent Fourth Circuit decision confirms that the ADA’s…
Drawing the Line on Religious Social Media Posts: EEOC Lawsuit Sends a Warning to Employers
The EEOC has sued a Wisconsin employer for allegedly firing a worker over Bible verses he posted on his personal social media. The case puts a spotlight on a tricky question for employers: When does off-duty religious expression become a workplace problem? TL;DR: According to the EEOC, a business violated…
A Meme, a Minister, and a Judge Who Was Not Amused
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the…
The Dog Ate Our Documentation. The Court Ate Our Defense.
They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. TL;DR: A federal appeals court just revived an age…