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The Employer Handbook BlogWhy Two Single-Slur Cases Never Reached a Jury
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
Articles Posted in Pennsylvania
When an Accommodation Solves One Problem – but May Create Another
COVID vaccination mandates may be behind us, but the lawsuits they generated are still shaping how courts analyze religious accommodation under Title VII. This Third Circuit decision is a reminder that an accommodation can still be challenged when it allegedly creates a new burden. Continue reading
Why a Positive Marijuana Test Didn’t End an ADA Retaliation Case
In an ADA retaliation case, a positive marijuana test looked like a clean exit. It wasn’t.
What tripped up the employer wasn’t the test result itself, but how the termination decision unfolded around it – including uneven discipline, disputed facts, and timing tied to disability-related absences. Continue reading
When Is a “Religious Belief” Actually Religious? A New Federal Case Helps Employers Draw the Line
Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. Continue reading
Preparing for the CROWN Act: A Pennsylvania Employer’s Guide to the New Hair-Based Discrimination Rules
Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a good time for employers to review their policies and make sure they line up with the new standards. Continue reading
Do employees have a right to use slurs about their own group at work? A court called that absurd.
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” Continue reading
If an employee leaves for another job, that’s a career move—not a claim.
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” Continue reading
Pumping rights after the PUMP Act: one employer’s old mistake, every employer’s modern lesson
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. Continue reading
When Speech Crosses the Line: Anti-Discrimination Laws Protect People, Not Their Opinions
When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. Continue reading
When policy violations aren’t hacking: Third Circuit shuts down employer’s scorched-earth lawsuit
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft.
The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. Continue reading