Religious-accommodation requests are getting harder for employers to navigate, especially when they collide with policies meant to support transgender employees. The Seventh Circuit just reminded us that employers cannot lean on complaints or speculation alone. A jury will decide whether denying an accommodation is justified by a true “undue hardship.”…
Sometimes what looks clear on paper isn’t the end of the story. A recent federal appeals court decision reminds employers that a doctor’s certification can’t always be enforced as a strict limit on FMLA leave. TL;DR: The Sixth Circuit held that a medical certification listing “2 days per month” for…
The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of…
A jail administrator posted apocalyptic religious commentary online. A reporter found it, published a story, and suddenly the county faced community outrage and questions from federal officials about whether they would continue housing inmates at the jail. The county fired the administrator. The employee sued under Title VII. The Eighth…
Federal attention to I-9 compliance is surging. If you handle hiring, onboarding, or audits, this Client Alert is worth your time. TL;DR: My partners Giovanni Antonucci Di Cesare and Allison Bustin explain why I-9 compliance belongs on your short list. They cover three developments driving enforcement, the current fine ranges…
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly…
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…
When a customer harasses an employee, the EEOC says employers are liable if they knew or should have known and didn’t act. The Sixth Circuit says: not unless you intended it to happen. TL;DR: An employee claimed a customer sexually harassed her and her employer should be liable under Title…
When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to…
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…