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The Employer Handbook BlogSleeping on the job or sleeping on consistency?
Two employees break the same rule. One gets fired. The other gets another chance.
That’s not just a management headache; it’s a discrimination lawsuit waiting to happen. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
No posting, no application, still a lawsuit: Age bias and quiet promotions
Sometimes promotions move quietly through the ranks.
No job posting, no formal applications, just a quiet internal decision.
A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. Continue reading
Halloween Harassment: The Case Decided on Halloween Itself
Sometimes the timing writes the headline for you. On October 31, a federal court in New Jersey decided a harassment case that involved an unforgettable Halloween costume and a reminder that bad taste is not always a legal violation. Continue reading
Even if they violate employment law, these employers can’t be sued
Did you know there’s a loophole in employment law big enough to fit an entire casino?
That’s not an exaggeration. In one recent case, an employee said she was pushed out after giving birth. She sued under the Fair Labor Standards Act. The court never even reached the merits because her employer was legally immune from being sued at all. Continue reading
Why an easier discrimination standard still couldn’t save this harassment and retaliation case
The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern District of Pennsylvania shows that even when courts apply that softer standard to quid pro quo harassment claims, retaliation still requires a higher level of proof, and neither test was met here. Continue reading
What happens when “He harassed me” turns into “You defamed me”?
A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. Continue reading
Can getting “canceled” be discrimination? Not in this case.
A performer claimed a venue “canceled” them after backlash to a social-media post supporting Israel.
They said it was discrimination. The court said it was politics. Continue reading
Do employees have a right to use slurs about their own group at work? A court called that absurd.
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” Continue reading
When Unpaid Leave Helps Under the ADA but Hurts Under Title VII
The same unpaid leave that protects an employer in one case can create liability in another. Continue reading
How a “Reasonably Informed” Investigation Saved This Employer in Court
Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. Continue reading