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The Employer Handbook BlogCan you rescind a job offer because you learn a candidate sued a prior employer for discrimination?
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
Are you ready for the employment law changes that 2023 has in store for your company?
If you’ve been thinking about updating your employee handbook and onboarding documents but don’t know where to begin (or end), we’ve got you, fam.
Join me and my employment law partners, Christina Bost Seaton, Amy Epstein Gluck, and Sid Steinberg, on Friday, December 16, 2022, at Noon ET for The Employer Handbook Zoom Office Hour: “The ESSENTIAL Employment Law Updates for 2023.”
Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Continue reading
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably.
The Seventh Circuit concluded that a white man who was fired for effectively stealing from his employer was comparable to a black man with attendance issues. I told folks outside the Seventh Circuit to disregard this decision because I thought they got it wrong. But I never gave you any examples of cases upon which to rely instead. Well, let’s fix that today. Continue reading
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.”
Let’s test that theory today. Continue reading
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial.
But plot twist! He didn’t. Continue reading
Five fantastic resources to help your business address antisemitism in the workplace
I read a survey last night that blew my mind 🤯 Continue reading
82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals
In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Continue reading
Are these two employees comparable? Today, you be the judge to help decide this discrimination case.
A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. Continue reading
Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. Continue reading