Failure-to-accommodate claims usually turn on what an employer didn’t do. Here, the more interesting question was whether there was any ADA duty to begin with. TL;DR: A request for an accommodation does not, by itself, establish that an employee is disabled under the Americans with Disabilities Act (ADA). Employers…
Employers often assume that launching an investigation is a safe harbor. The Tenth Circuit just delivered a reminder that when decisionmakers rely on a flawed investigation, the process can matter as much as the decision itself. TL;DR: The Tenth Circuit revived two Title VII retaliation claims after a physician…
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. TL;DR: The Third Circuit affirmed summary judgment on retaliation claims, holding that discipline imposed after internal complaints failed where decision-makers…
The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or…
Sometimes courts resolve complex employment issues. And sometimes they are asked whether an employee suffered legal harm because she didn’t get to say goodbye to coworkers. Buckle up. TL;DR: A federal appellate court just affirmed summary judgment against an employee who quit, gave two weeks’ notice, was paid for the…
Congress is not slowing down on AI regulation. Weeks after lawmakers introduced a bill requiring employers to track how many jobs AI creates and eliminates, another proposal has arrived that targets how employers actually use AI at work. TL;DR: The No Robot Bosses Act would create sweeping new federal…
A single disclosure from a job applicant about her methadone prescription allegedly turned a routine interview into an ADA problem the EEOC now wants a court to resolve. TL;DR: The EEOC has sued concrete-industry employers, alleging they refused to hire applicants who lawfully use methadone or other medication-assisted…
How can you tell if your business is big enough to trigger federal or state employment laws? A recent Ninth Circuit case illustrates just how complicated that question can get. Two columns in a payroll spreadsheet generated two different employee counts, creating a triable issue about legal coverage. TL;DR: A…
Sometimes the biggest workplace stories are the ones that hit closest to home for HR professionals. A recent jury verdict involving the Society for Human Resource Management (SHRM) is one of those moments, not because of who the defendant was, but because the issues are ones every employer faces.…
When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. TL;DR: A senior account manager took eight and a half days of paid time off to care for a seriously ill daughter and then her mother. She…