Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a…
It promised freedom, delivered litigation, and left us with… state law. Friends, colleagues, HR professionals, lend me your ears. We gather today to mourn the passing of the Noncompete Rule, a sweeping reform that promised to free 30 million American workers from contractual shackles but instead met its end in…
The Federal Trade Commission isn’t finished with noncompetes. It is gathering information to understand when these agreements cause real harm and when they may serve legitimate business purposes. Case in point: its latest enforcement action against an employer that allegedly relied on broad, boilerplate restrictions. TL;DR: The FTC has launched…
The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. TL;DR: The Seventh…
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and…
Anxiety, grievances, and open-ended leave requests can leave HR stuck between compassion and compliance. A federal appellate court just clarified what the ADA does, and does not, require. TL;DR: An employee told her employer she could not return “until further notice” because of anxiety. The Eleventh Circuit held that such…
Imagine applying for the same promotion 31 times and never getting it. That happened to a state police lieutenant. He claimed discrimination, but the Fifth Circuit said the evidence did not add up. TL;DR: A state police lieutenant said he was passed over for captain 31 times because he was…
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids…
Sometimes it is not the big-ticket accommodations that land an employer in court. It is the small ones, like a few stretch breaks, that can become costly mistakes. TL;DR: A federal judge in Illinois refused to dismiss an ADA lawsuit after an employee alleged that her employer denied requests for…
An employee asked for a religious exemption, was denied, suspended, and then reinstated once litigation began. The Fifth Circuit’s majority brushed the case aside on a technicality. But a dissenting judge warned that when it comes to religious accommodations, delay can itself be discrimination. TL;DR: An employee sought a religious…