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.” TL;DR: A Philadelphia school employee who objected to a COVID-19 vaccination policy claimed religious discrimination after leaving for another teaching job. The Third…
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft. The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. TL;DR:…
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was…
An onsite manager alleged race and sex discrimination, but the court never reached the substance of her claims. Why? Because she worked for a contractor—not the school network she sued. The case was dismissed. Here’s what every employer who works with vendors, staffing firms, or third-party service providers needs…
Employers, take note: vague safety concerns and “we did our best” no longer cut it. A recent Third Circuit opinion revived a religious accommodation claim from a firefighter who wanted to keep his beard for faith-based reasons. Applying the Supreme Court’s Groff v. DeJoy standard, the court made it clear:…
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days. The EEOC has some advice for employers: Because the definition of religion is broad and protects beliefs, observances, and practices with which the employer may be unfamiliar, the…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition. The plaintiff was a bus operator who had accumulated…
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Before Congress amended the Americans with Disabilities Act in 2008, the Supreme Court held that an impairment must be “permanent or long term” to qualify as a disability.…
I’ll go ahead and file this one under: “Ya think?” But perhaps I’m getting out over my skis. So, let’s see what you think. The employee was a bank teller who filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission against her employer. She later resigned, claiming…
A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…