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The Employer Handbook Blog

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No posting, no application, still a lawsuit: Age bias and quiet promotions

Sometimes promotions move quietly through the ranks.No job posting, no formal applications, just a quiet internal decision. A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. TL;DR: Three longtime employees in their 50s sued after their company quietly promoted a…

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Halloween Harassment: The Case Decided on Halloween Itself

  Sometimes the timing writes the headline for you. On October 31, a federal court in New Jersey decided a harassment case that involved an unforgettable Halloween costume and a reminder that bad taste is not always a legal violation. TL;DR: An employee alleged sexual harassment after a doctor made…

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Why an easier discrimination standard still couldn’t save this harassment and retaliation case

The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern…

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Join PierFerd’s Inaugural Immigration Forum: What Employers Need to Know About the New H-1B Landscape

  Recent federal actions targeting the H-1B visa program have raised new questions for employers. To help make sense of these developments, the Pierson Ferdinand immigration team — including the author of the firm’s latest client alert — will host a virtual forum on what employers should expect and how…

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What happens when “He harassed me” turns into “You defamed me”?

A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. TL;DR: A federal court in Ohio threw out a former Chief Legal Officer’s race discrimination, retaliation, and contract claims after he was…

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Coming Soon: New Jersey’s Pay Transparency Rules Get Specific

If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what…

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Can getting “canceled” be discrimination? Not in this case.

A performer claimed a venue “canceled” them after backlash to a social-media post supporting Israel.They said it was discrimination. The court said it was politics. TL;DR: A federal court dismissed a discrimination case under Section 1981, a law that prohibits race discrimination in contracts. The performer claimed a Northern California…

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Do employees have a right to use slurs about their own group at work? A court called that absurd.

What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed…