Anxiety, grievances, and open-ended leave requests can leave HR stuck between compassion and compliance. A federal appellate court just clarified what the ADA does, and does not, require. TL;DR: An employee told her employer she could not return “until further notice” because of anxiety. The Eleventh Circuit held that such…
Articles Posted in Hiring & Firing
ICYMI: Religious Rights Are the New Frontline in EEOC Enforcement
The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of…
When an Employee’s Online Religious Speech Goes Viral: Can You Fire Them?
A jail administrator posted apocalyptic religious commentary online. A reporter found it, published a story, and suddenly the county faced community outrage and questions from federal officials about whether they would continue housing inmates at the jail. The county fired the administrator. The employee sued under Title VII. The Eighth…
Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.
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…
Can Requiring an Employee to Attend Counseling Be Discrimination?
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…
The DIY Lawyer on Your Payroll – Helping a Coworker and Shielded from Retaliation
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:…
A Bad Comparator and Ugly Timing Can Wreck a Good Layoff
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…
When Is Extended Leave No Longer a Reasonable Accommodation?
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…
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…
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…