This case is a reminder that the ADA interactive process is about engagement, not just documentation. When an employer waits too long, courts start asking why. That question sat at the center of this dispute and ultimately kept the case alive. TL;DR: An employer could not defeat an ADA reassignment…
Sometimes retaliation isn’t loud. There’s no demotion, no firing, no pay cut. It shows up quietly instead – more work than everyone else gets, repeated just often enough to send a message. That kind of retaliation can be harder to spot, but as a recent decision out of the…
In an ADA retaliation case, a positive marijuana test looked like a clean exit. It wasn’t. What tripped up the employer wasn’t the test result itself, but how the termination decision unfolded around it – including uneven discipline, disputed facts, and timing tied to disability-related absences. TL;DR: A federal court…
Failure-to-accommodate claims usually turn on what an employer didn’t do. Here, the more interesting question was whether there was any ADA duty to begin with. TL;DR: A request for an accommodation does not, by itself, establish that an employee is disabled under the Americans with Disabilities Act (ADA). Employers…
Employers often assume that launching an investigation is a safe harbor. The Tenth Circuit just delivered a reminder that when decisionmakers rely on a flawed investigation, the process can matter as much as the decision itself. TL;DR: The Tenth Circuit revived two Title VII retaliation claims after a physician…
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. TL;DR: The Third Circuit affirmed summary judgment on retaliation claims, holding that discipline imposed after internal complaints failed where decision-makers…
The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or…
Sometimes courts resolve complex employment issues. And sometimes they are asked whether an employee suffered legal harm because she didn’t get to say goodbye to coworkers. Buckle up. TL;DR: A federal appellate court just affirmed summary judgment against an employee who quit, gave two weeks’ notice, was paid for the…
Congress is not slowing down on AI regulation. Weeks after lawmakers introduced a bill requiring employers to track how many jobs AI creates and eliminates, another proposal has arrived that targets how employers actually use AI at work. TL;DR: The No Robot Bosses Act would create sweeping new federal…
A single disclosure from a job applicant about her methadone prescription allegedly turned a routine interview into an ADA problem the EEOC now wants a court to resolve. TL;DR: The EEOC has sued concrete-industry employers, alleging they refused to hire applicants who lawfully use methadone or other medication-assisted…