One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
Restrictive covenants often rise or fall at the preliminary injunction stage. A Pennsylvania appellate decision shows how two common drafting mistakes can derail an employer’s attempt to enforce a nonsolicitation agreement. Continue reading
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. Continue reading
COVID vaccination mandates may be behind us, but the lawsuits they generated are still shaping how courts analyze religious accommodation under Title VII. This Third Circuit decision is a reminder that an accommodation can still be challenged when it allegedly creates a new burden. Continue reading
In an ADA retaliation case, a positive marijuana test looked like a clean exit. It wasn’t.
What tripped up the employer wasn’t the test result itself, but how the termination decision unfolded around it – including uneven discipline, disputed facts, and timing tied to disability-related absences. Continue reading
Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. Continue reading
Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a good time for employers to review their policies and make sure they line up with the new standards. Continue reading
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” Continue reading
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” Continue reading
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. Continue reading
The Employer Handbook Blog