You think you’ve solved the problem. You separate the employee from the alleged harasser. You tell him not to contact her—ever. Years pass without incident. Then one day, the same two people cross paths again, and a decision that stops short of firing her, but directly threatens her pay and job security, is enough to keep a quid pro quo sexual harassment claim alive. Continue reading
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. Continue reading
This isn’t just a cromulent decision—it’s a reminder that attorneys’ fees can’t be used to shoehorn a small state wage claim into federal court. Continue reading
A machine operator with osteoarthritis tried to return to work with restrictions. Instead, he got terminated. Now his ADA case is headed for trial. Continue reading
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. Continue reading
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination.
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis use. Continue reading
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. Continue reading
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
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