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The Employer Handbook BlogThe Employer Handbook: Week in Review Podcast (April 21–25, 2025)
Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Did President Trump just cancel disparate impact discrimination claims?
President Trump’s latest executive order could change how the federal government handles workplace discrimination — but not in the way you might think.
Before you assume that disparate impact claims are gone for good, let’s unpack what the order does (and doesn’t) do. Continue reading
The Beer Was Flowing, But the ADA Compliance Seemed Flat
When two bartenders disclosed medical conditions, a New York brewery pulled them from the schedule, according to the EEOC. That’s not how the ADA works. Continue reading
Shoe Me the Reasonable Accommodation!
When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. Continue reading
It wasn’t the cancer. It wasn’t the age. It was the failed business model.
A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. Continue reading
Retaliation Risks After Accommodation Requests: Lessons from an ADA Case
Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later.
Cue the lawsuit. Continue reading
‘Refresh, Don’t Retreat’: Former EEOC Commissioner Chai Feldblum’s DEI Advice to Employers
Yesterday, my law partner Amy Epstein Gluck and I hosted a Zoom conversation with former EEOC Commissioner Chai Feldblum on the legal boundaries of workplace diversity, equity, and inclusion (DEI).
Given the political climate and a flurry of legal developments—including EEOC inquiries and high-profile settlements—many employers are wondering: Can we still do DEI?
Chai’s answer? Yes—if you do it smart, inclusive, and legal. Continue reading
It’s Today! Join Me, Amy Epstein Gluck, and Chai Feldblum at Noon ET to Talk DEI and the Law
Today’s the day.
At 12:00 PM ET, my law partner Amy Epstein Gluck and I will be hosting a free Zoom conversation with Chai Feldblum, former EEOC Commissioner and a nationally recognized voice on civil rights and workplace inclusion.
If you’re an employer, HR professional, attorney, or business leader trying to make sense of the legal landscape surrounding diversity, equity, and inclusion (DEI) — this is the conversation you need to hear. Continue reading
Rubber-Stamped and Still Liable: The Hidden Danger of Delegated Discipline
Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. Continue reading
Burned by the Tape: When Secretly Recording Work Meetings Gets You Fired
Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. Continue reading