A bus operator was fired for FMLA falsification and claimed his employer terminated him because he was transgender. The employer’s defense was simple: it fired four other employees for the same conduct around the same time. A federal appeals court just said that’s enough.
An employer investigated a racial harassment complaint, offered a transfer, and watched the harassment continue. A federal appeals court just sent the hostile work environment claims to a jury.
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.
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
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.
She filed an EEOC charge. She just didn’t file the right one.
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.
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
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.
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