Hiring & Firing

ICYMI: Religious Rights Are the New Frontline in EEOC Enforcement

August 21, 2025 | by Eric B. Meyer

The EEOC just sent another loud message: religious rights at work are front and center.

Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of government oversight. And this case is part of a much bigger story: the agency’s current enforcement push on religious liberty. Continue reading

When an Employee’s Online Religious Speech Goes Viral: Can You Fire Them?

August 20, 2025 | by Eric B. Meyer

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A jail administrator posted apocalyptic religious commentary online. A reporter found it, published a story, and suddenly the county faced community outrage and questions from federal officials about whether they would continue housing inmates at the jail. The county fired the administrator. The employee sued under Title VII.

The Eighth Circuit just said: not so fast. Continue reading

Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.

August 18, 2025 | by Eric B. Meyer

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When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim.

Can Requiring an Employee to Attend Counseling Be Discrimination?

August 13, 2025 | by Eric B. Meyer

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When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to the courtroom. Continue reading

The DIY Lawyer on Your Payroll – Helping a Coworker and Shielded from Retaliation

August 11, 2025 | by Eric B. Meyer

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When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. Continue reading

A Bad Comparator and Ugly Timing Can Wreck a Good Layoff

August 4, 2025 | by Eric B. Meyer

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If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. Continue reading

When Is Extended Leave No Longer a Reasonable Accommodation?

July 31, 2025 | by Eric B. Meyer

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An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. Continue reading

When Your Spouse Is Ill, What Does the ADA Really Protect?

July 29, 2025 | by Eric B. Meyer

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A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. Continue reading

A trucking company rejected a deaf driver and got hit with a $36 million verdict—here’s what employers can learn.

July 22, 2025 | by Eric B. Meyer

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When a trucking company told a deaf applicant, “No, I’m sorry, we can’t hire you because of your deafness,” it wasn’t just a bad look—it was a multimillion-dollar ADA violation. The jury awarded $36 million (later capped), and the appeals court backed it up. Continue reading

When Off-Duty Speech Crosses the Line: Lessons for Private Employers from a Public Employee’s Termination

July 17, 2025 | by Eric B. Meyer

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What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash?

In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he was suspended, ordered to attend anti-discrimination training, and eventually fired.

He claimed the First Amendment protected him. A federal appeals court disagreed. And while the decision binds only public employers, the lessons extend well into the private sector. Continue reading