Articles Posted in Discrimination and Unlawful Harassment

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Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on whether working conditions were truly intolerable.

A recent federal court decision out of Arkansas reinforces that point. Continue reading

 

 

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HR professionals do not have a crystal ball. When an employee files an EEOC charge, no employer can predict how that dispute might later be reframed in a lawsuit or expanded with new legal theories.

A recent Fourth Circuit decision recognizes that reality, while still reinforcing something practical for employers and HR teams alike: the EEOC charge plays a meaningful role in defining the case that follows. Continue reading

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Employers often worry that a good-faith effort to keep an injured employee working will later be used against them as proof they “could have accommodated” the employee indefinitely. A recent Sixth Circuit decision draws a clear line between temporary flexibility and permanent obligation. Continue reading

 

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Employees do not need perfect words or legal buzz phrases to trigger ADA protections. But they do need to communicate clearly enough to let an employer know they are asking for a change at work because of a medical condition.

A recent federal court decision out of Ohio shows what happens when that step never happens. Continue reading

 

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At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing.

Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims work under the New Jersey Law Against Discrimination in the employment context. These rules do not create new liability. What they do is remove any remaining ambiguity about how neutral workplace policies will be judged under state law. Continue reading

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Safety policies should protect workplaces, not produce eight-figure ADA exposure. This case shows how a rigid medical rule, applied without individualized assessment, can turn a routine injury into a litigation disaster.


TL;DR: A jury found that an employer violated the Americans with Disabilities Act and Oregon disability law by enforcing a blanket medical policy that unlawfully screened out an employee instead of evaluating his actual abilities. The jury issued an advisory award that included $25 million in punitive damages, and the court declined to disturb the verdict.

📄 Read the court’s decision

 

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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 District of Columbia shows, it can still land an employer in serious trouble. Continue reading

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