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The Employer Handbook Blog

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An employee facing termination of employment requested FMLA leave. It didn’t save him from getting fired. Here’s why…

In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition. The plaintiff was a bus operator who had accumulated…

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Join us today on Zoom at Noon ET to learn the playbook of an employee-rights attorney (who used to represent employers).

Alex Meier leveraged years of experience and savvy representing clients of one of the leading management-side employment law firms in the United States to form an employee-rights firm and advocate for plaintiffs — your workers. Bold move! So I convinced Alex to share with readers why he made such a…

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Your HR Guide to Hurricane Milton

As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet. Many of you with businesses in Florida will have…

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I’m pretty sure I found Exhibit “A” in a new EEOC pregnancy bias lawsuit. It will blow your mind 🤯

Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer. These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to…

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Should it be harder for straight workers to prove bias than gay workers? How about a heightened standard for white workers to prove discrimination? The Supreme Court will decide.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on sex. In 2020, the Supreme Court interpreted Title VII’s ban on sex discrimination to include employer bias based on sexual orientation. But, did you know that in about half the country,…

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Join us on Zoom on Friday, October 11 for “To the Dark Side (or perhaps seeing the light).”

I want you to meet Alex Meier. For many years, Alex represented clients of one of the leading management-side employment law firms in the United States. Alex’s clients looked to him to resolve their most complex and nuanced employment cases. However, This year, things changed when Alex joined another management-side…

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The EEOC just sued some employers for preventing transgender employees from using restrooms consistent with their gender identity

In 2015, the U.S. Equal Employment Opportunity Commission determined that a federal agency that denied an employee equal access to a common bathroom/facility corresponding to the employee’s gender identity discriminated based on sex and could not restrict a transgender employee to a single-user restroom. About five years later, the Supreme…

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If your pregnant employee experiences a stillbirth or miscarriage, whatever you do, don’t do this

Today’s lesson is about the interplay between the Americans with Disabilities Act, which requires employers to accommodate known disabilities absent undue hardship, and the Pregnant Workers Fairness Act, which took effect last year and also requires an employer to accommodate known limitations related to, affected by, or arising out of…