What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. TL;DR: The Second Circuit revived a former school administrator’s hostile work environment claim under § 1983. She alleged that…
Sometimes, what an employee says about their own abilities can be the employer’s best defense. TL;DR: The Fifth Circuit recently affirmed summary judgment for an employer in a case where a longtime employee claimed, through one count labeled as FMLA discrimination, interference, and retaliation, that she was fired after taking…
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed…
Shanah Tovah! Wishing a Happy New Year to all who are celebrating Rosh Hashanah (שנה טובה). With Yom Kippur approaching, here is a scenario to consider: An employee asks to work from home on the afternoon leading into the fast so they can log off early and get to synagogue…
Few immigration programs spark as much debate as the H-1B, and now it is back in the spotlight. The Trump administration’s latest move has the potential to reshape how employers recruit and retain technical talent, with ripple effects across workforce planning. TL;DR: On September 19, 2025, President Trump signed…
Employers who use credit reports in hiring may soon hear renewed calls to stop, but likely not because of new federal law. TL;DR: The Equal Employment for All Act of 2025, sponsored by Senator Elizabeth Warren and other Democrats, would amend the Fair Credit Reporting Act to bar most employers…
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to…
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant…
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement. TL;DR: The EEOC announced a $350,000 settlement with two Arkansas…
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft. The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. TL;DR:…