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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
What the Supreme Court’s Transgender Girls’ Sports Ruling Means (and Doesn’t) for Your LGBT Policies
The Supreme Court just ruled on whether transgender athletes can play girls’ high school sports. If you’re scanning this for a new Title VII rule for your LGBT employment policies, save yourself the trouble: there isn’t one.
After Yesterday’s SCOTUS Ruling, Every Election Is an Employment Law Event
The Supreme Court just eliminated 91 years of job security for commissioners and board members at federal agencies like the EEOC and the NLRB. The practical consequences for employers are bigger than the headlines may suggest. Continue reading
How Inviting Employee Dialogue Created a Religious Discrimination Case
You’ve probably seen the headlines. Two flight attendants fired for posting about the Equality Act, a Ninth Circuit reversal, and the usual takes about religion vs. LGBTQ rights in the workplace. Here’s what those takes mostly missed.
Checking the Wrong Boxes on an EEOC Charge Has Real Consequences. This Case Is a Good Example.
She filed an EEOC charge. She just didn’t file the right one.
The $300,000 Mistake That Every Employment Defense Lawyer Should Read About
A jury awarded a sexual harassment plaintiff $831,028. The employer tried to knock that down to $181,028 using a Title VII damages cap. A federal appeals court just said: you waived it.
Next Week: Two Free Sessions. Two Topics You Can’t Afford to Wing.
HR professionals are known for their abundant free time and total absence of compliance anxiety, so naturally next week brings two more things to add to the list. AI hiring liability and immigration updates — back to back, Tuesday and Wednesday. Could be worse. Could be a conference.
Two colleagues of mine are tackling exactly these problems, and you should show up to both. Continue reading
A Good-Faith Accommodation Process Is Not Optional. This Complaint Explains Why.
Granting a religious accommodation request and then placing the employee on indefinite unpaid leave can itself be retaliation. A federal district court in Illinois recently refused to dismiss a Title VII religious discrimination and retaliation lawsuit built on exactly that theory.
The Religious Accommodation Lessons Inside MLB’s Pride Night Controversy
Who would have guessed that the most interesting religious discrimination issue of the week would show up on a Major League Baseball field?
A coworker touched her three times. The first two reports didn’t count. The employer’s response to the third won it the case.
When a coworker grabs a colleague three times, a Seventh Circuit majority says a jury could find sexual harassment. The employer still won. The reason why is more useful to HR than the result.