Articles Posted in Discrimination and Unlawful Harassment

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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

 

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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

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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

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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

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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

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