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The Employer Handbook Blog“This case illustrates why the Americans with Disabilities Act (ADA) exists.”
Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion.
Ouch! Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Generally, an employer’s duty to accommodate takes more than an employee merely disclosing a disability
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. Continue reading
An employer settled claims it refused to accommodate a pregnant worker who then miscarried
“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” Continue reading
In rejecting an employee’s claim that DEI training fostered a hostile work environment, a federal appellate offered a stern warning to employers
Earlier this year, I wrote about a white employee in Colorado who claimed his former employer subjected him to a hostile work environment by requiring him to attend anti-harassment training.
Here’s how bad documentation can cost a company big bucks when a former employee sues
Employment lawyers and human resources professionals regularly preach that managers must document employee performance issues as a best practice so that if/when that manager wants to terminate the employee, the company has the “receipts” to justify the decision. Continue reading
When an employee sues, what law applies when they’ve worked in two states?
Famartin, CC BY-SA 4.0, via Wikimedia Commons
I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later requested and received a transfer to Pennsylvania.
And that’s when things went awry. Continue reading
Is it racist to falsely accuse someone of being a racist?
Let’s explore whether Title VII of the Civil Rights Act of 1964 protects employees against accusations of racism.
Can states legally ban “woke” training in the workplace?
In 2022, Florida passed The Individual Freedom Act. But most people know this law as the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to our Kids and Employees.”
Whatever we call it, the Act says employers cannot subject “any individual, as a condition of employment,” to “training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels” a certain set of beliefs. The list of banned subjects generally relates to “woke” teachings on race, color, sex, or national origin. Florida employers can host these trainings but cannot require employees to attend them.