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The Employer Handbook Blog

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Shoe Me the Reasonable Accommodation!

When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then…

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It wasn’t the cancer. It wasn’t the age. It was the failed business model.

A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. TL;DR: A senior executive with prostate cancer sued after…

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Retaliation Risks After Accommodation Requests: Lessons from an ADA Case

Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired…

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‘Refresh, Don’t Retreat’: Former EEOC Commissioner Chai Feldblum’s DEI Advice to Employers

Yesterday, my law partner Amy Epstein Gluck and I hosted a Zoom conversation with former EEOC Commissioner Chai Feldblum on the legal boundaries of workplace diversity, equity, and inclusion (DEI). Given the political climate and a flurry of legal developments—including EEOC inquiries and high-profile settlements—many employers are wondering: Can we…

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It’s Today! Join Me, Amy Epstein Gluck, and Chai Feldblum at Noon ET to Talk DEI and the Law

  Today’s the day. At 12:00 PM ET, my law partner Amy Epstein Gluck and I will be hosting a free Zoom conversation with Chai Feldblum, former EEOC Commissioner and a nationally recognized voice on civil rights and workplace inclusion. If you’re an employer, HR professional, attorney, or business leader…

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Rubber-Stamped and Still Liable: The Hidden Danger of Delegated Discipline

Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. TL;DR: The Ninth Circuit reinstated a discrimination claim after finding…

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Burned by the Tape: When Secretly Recording Work Meetings Gets You Fired

Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. TL;DR: A federal appeals court sided with an employer that fired…

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Burned by the ADA: When Legal Weed Gets You Fired

Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…

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Samuels Sues Over EEOC Ouster as Supreme Court Benches NLRB’s Wilcox

A major legal battle is unfolding over whether President Trump had the power to fire two Senate-confirmed officials from independent federal agencies. One is Jocelyn Samuels, formerly of the EEOC. The other is Gwynne Wilcox, who had just started a second term on the NLRB. Their cases are raising serious…

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Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse

When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination. TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims)…