The EEOC just refreshed its national origin educational materials. They focus on anti-American discrimination. But turn the examples around and you see an equally important point: pro-American favoritism can violate Title VII too. TL;DR: Title VII protects all national origin groups. The EEOC’s new guidance spotlights discrimination against Americans,…
Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself. And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. TL;DR: An employee responsible…
Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision…
Employees and supervisors often assume that any inappropriate physical contact is automatically a hostile work environment. But the Eleventh Circuit continues to apply one of the strictest “severe or pervasive” standards in the country. This case shows just how high that bar is. This is part two of the…
Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.” This is part one of two. Tomorrow, we…
Sometimes a routine overtime dispute turns into an FMLA problem because no one stops to ask the right questions. A new Eleventh Circuit decision shows how easily that can happen. TL;DR: An employee told supervisors that his pregnant spouse’s condition was high risk, that she could not drive, and that…
Artificial intelligence is changing everything from hiring to customer service, and now Congress wants to know exactly how many American jobs it’s creating… and killing. TL;DR: A bipartisan Senate bill called the AI-Related Job Impacts Clarity Act would require large employers and federal agencies to report quarterly on job…
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…
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…
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…