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The Employer Handbook Blog“Anti-American” Bias in Hiring? The EEOC Says It’s Watching
Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. Continue reading
Articles Posted in Hiring & Firing
Did I ever tell you about that grocery worker fired for buying beer 🍺 for her underage grandson who then claimed age discrimination?😱
Last night, I read a First Circuit decision about an employee at a grocery store who violated company policy by buying beer for her underage grandson, except she claimed age discrimination.
Spoiler alert: she lost.
Stick around for some HR101: Clear policies and consistent enforcement matter. Continue reading
No Laughing Matter: How a Comedian’s Racist and Sexist Jokes Led to a CFO’s Retaliation Claim
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a company event. Continue reading
While You Were Sleeping… President Trump Reshaped the EEOC and NLRB
According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves that, while significant, were widely expected.
But President Trump hasn’t stopped there.
Cheeseheads, Consequences, and Crossing the Line: HR Lessons from the Stands
The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0, via Wikimedia Commons
According to a NY Post report, an Eagles fan was caught in a video crudely insulting a female Packers fan at Sunday’s playoff game between the two teams at Lincoln Financial Field in Philadelphia, PA. Within a few days, that fan—who worked in a DEI-focused consulting role—found himself without a job.
Reorg Roulette: When Office Shuffles Lead to Legal Kerfuffles
A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. Continue reading
Retaliation Station: When Harassment and Termination Claims Take Different Tracks
Last night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky terrain of retaliatory harassment and termination claims under Title VII. The former is not something I encounter too often, and there was enough “there there” in this case to send the claim of retaliatory harassment to a jury. Continue reading
When the Employment Lawyer Becomes the Plaintiff: Lessons from an ADEA Case
In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. Continue reading