Sometimes the accommodation request itself tells the whole story.
In a recent Fourth Circuit Rehabilitation Act decision, a federal air marshal asked to stay in a ground-based role permanently after medical conditions prevented her from flying. But in doing so, she also acknowledged that she could not perform the essential duties of the job she wanted to keep.
Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. Continue reading
By now, you’ve likely seen coverage of the Missouri Attorney General’s lawsuit challenging Starbucks’ DEI initiatives.
The opinion’s value lies in its doctrinal clarity. It illustrates how established discrimination law applies when DEI-related practices are challenged — and what employers should consider to reduce legal risk when designing and implementing those programs. Continue reading
A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment.
But she loses. Continue reading
The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. Continue reading
A federal court recently rejected an attempt to force a litigant to turn over information about her use of ChatGPT in a pending employment lawsuit.
Yes. Information about her AI use.
In a civil case, one side moved to compel “all documents and information concerning [the plaintiff’s] use of third-party AI tools in connection with this lawsuit.” The court said no. Continue reading
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. Continue reading
At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur.
That public moment raises a workplace question: If an employee with Tourette’s involuntarily uses the N-word around Black colleagues or the B-word around women, does the Americans with Disabilities Act (ADA) require the employer to keep him in his job? Continue reading
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. Continue reading
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. Continue reading
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