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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
If Full-Time Remote Work Would Eliminate an Essential Function, You Don’t Have to Offer It
COVID-era telework was an emergency exception. Courts aren’t treating it as a permanent rewrite of job requirements.
Denied Every Religious Exemption Request, Attempted No Accommodations, and Still Won
Sometimes the facts supporting a religious accommodation denial are so strong that skipping the accommodation process doesn’t sink you. This healthcare employer found that out — and the 9th Circuit’s reasoning tells you exactly why.
She Complained About Harassment, Got a Protective Order, and Was Fired the Next Day. An $80K Lesson in Bad Timing.
According to the EEOC, an employee complained about six months of sexual harassment. Her employer allegedly did nothing. So she went to court, got a protective order against the harasser, handed a copy to HR, and was fired the next day. The harasser kept his job.
The EEOC Wants to Kill the EEO-1. Here’s What Employers Should Do in the Meantime.
The EEO-1 filing requirement has existed since 1966. It may not exist much longer. Continue reading
A “Repugnant and Racially Hostile” Blackface Doll Hung by a Noose At Work. It Still Wasn’t Enough for a Hostile Work Environment Claim.
The court called it “repugnant and racially hostile.” It still wasn’t enough. A recent appellate decision affirming summary judgment for the employer on a hostile work environment claim is a useful reminder of how high the severe-or-pervasive bar actually is.
One DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high.
Two Pilots Abused Sick Leave While Serving in the Military. USERRA Didn’t Save Them.
One pilot called in sick with the flu and went skiing. He also called in with a knee injury and flew military jets the same day. The other pilot claimed he was too sick to fly and then flew jets for the military instead. The Eleventh Circuit says the airline was right to push them both out.
What Happens When an Employee Frames a Workplace Grievance as Religious Expression?
A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the reasons why are a useful lesson for any employer.
If Prayer Isn’t Enough to Support a Religious Exemption Request, What Is?
When does a religious exemption request stop being religious? A federal appeals court just answered that question in a way that eight of its own judges found alarming.