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…
The Employer Handbook Blog
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…
Sleeping on the job or sleeping on consistency?
Two employees break the same rule. One gets fired. The other gets another chance. That’s not just a management headache; it’s a discrimination lawsuit waiting to happen. TL;DR: A Michigan federal judge refused to dismiss a former security guard’s race discrimination claims after he was fired for sleeping on…
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…
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…