Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.” This is part one of two. Tomorrow, we…
The Employer Handbook Blog
When an employee says “I need to get home,” you may already be in FMLA territory
Sometimes a routine overtime dispute turns into an FMLA problem because no one stops to ask the right questions. A new Eleventh Circuit decision shows how easily that can happen. TL;DR: An employee told supervisors that his pregnant spouse’s condition was high risk, that she could not drive, and that…
Congress Wants Employers to Report How Many Jobs AI Is Creating… and Killing
Artificial intelligence is changing everything from hiring to customer service, and now Congress wants to know exactly how many American jobs it’s creating… and killing. TL;DR: A bipartisan Senate bill called the AI-Related Job Impacts Clarity Act would require large employers and federal agencies to report quarterly on job…
Not Every Discrimination Complaint Gets Legal Protection
A discrimination complaint can be genuine without being legally protected. An employee learned that the hard way when her retaliation claim flatlined before it even got to trial. A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it…
Back to Basics: The FMLA Doesn’t Protect Poor Performance
When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of…
🏠 Employee Refused to Return to the Office Over “Mold.” The Court’s Response? Breathe Deep and Report Back to Work.
A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she…
Social Causes on Company Uniforms? A Court Just Gave Employers Some Much-Needed Clarity (and Caution)
From lapel pins to lanyards to slogans on uniforms, employees are bringing social causes to work, and HR is left balancing expression, inclusion, and workplace order. A recent federal court decision involving a “BLM” message on a Home Depot apron shows where those boundaries start to take shape. TL;DR: On…
How an Employer Won an ADA Case by Offering a Different Job Instead of More Leave
A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which…
A Potential New Roadmap for Religious-Accommodation Requests
A new Fourth Circuit decision applying the Supreme Court’s Groff v. DeJoy standard shows that “undue hardship” still has teeth. The court sided with an employer that denied a religious exemption from its COVID-19 vaccine policy, but its reasoning stretches far beyond vaccines or healthcare. TL;DR: In an October 2025…
The Unicorn of Accommodation Cases: The Disabled Worker Who Refused to Telework
Most accommodation cases start with an employee asking to stay home.This one features the rare unicorn: a disabled worker who fought for the right to come in. TL;DR: A disabled IRS employee sued under the Rehabilitation Act after the agency required telework during COVID and turned down his request for indefinite…