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…
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…
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…
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…
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…
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…
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…
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)…
First, she’s out. Then, she’s back in. Then out again. Then reinstated. This isn’t just a legal battle—it’s giving daytime drama. TL;DR: Gwynne Wilcox is back on the NLRB after a D.C. Circuit ruling found her removal likely unlawful. The decision relies on a 1935 Supreme Court precedent that limits…
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Questions about what employers can and cannot do are swirling, especially in light of recent agency guidance and…