Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself.
And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. Continue reading
Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision shows why employers cannot ignore an employee’s bad days just because the good ones look fine. Continue reading
Employees and supervisors often assume that any inappropriate physical contact is automatically a hostile work environment. But the Eleventh Circuit continues to apply one of the strictest “severe or pervasive” standards in the country. This case shows just how high that bar is.
This is part two of the series. Yesterday’s post covered why a criminal subpoena did not count as Title VII “participation.” Today, we look at the employee’s hostile work environment claim. Continue reading
Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.”
This is part one of two. Tomorrow, we look at the court’s take on whether two unwanted physical encounters created a hostile work environment. Continue reading
A discrimination complaint can be genuine without being legally protected.
An employee learned that the hard way when her retaliation claim flatlined before it even got to trial.
A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it triggers retaliation protection under Title VII. Continue reading
A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she returned to full-time, in-person work. A year later, she turned down a contractor role and sued. The Sixth Circuit said the employer handled it exactly right. Continue reading
A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which the employee declined. Continue reading
A new Fourth Circuit decision applying the Supreme Court’s Groff v. DeJoy standard shows that “undue hardship” still has teeth. The court sided with an employer that denied a religious exemption from its COVID-19 vaccine policy, but its reasoning stretches far beyond vaccines or healthcare. Continue reading
Most accommodation cases start with an employee asking to stay home.
This one features the rare unicorn: a disabled worker who fought for the right to come in. Continue reading
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
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