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The Employer Handbook BlogHow Saying the Quiet Part Out Loud Cost an Employee Her FMLA Case
Sometimes, what an employee says about their own abilities can be the employer’s best defense. Continue reading
Think the ADEA Covers All Hiring Bias? Not So Fast.
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed on whether the ADEA lets applicants challenge those practices. Congress is now stepping in with a bill to make the answer clear. Continue reading
Remote Work as a Religious Accommodation? Here’s What Employers Should Know
Shanah Tovah! Wishing a Happy New Year to all who are celebrating Rosh Hashanah (שנה טובה).
With Yom Kippur approaching, here is a scenario to consider: An employee asks to work from home on the afternoon leading into the fast so they can log off early and get to synagogue without taking a full vacation day. Do you have to allow it?
That kind of request highlights a real-world question about religious accommodations in today’s workplace. And it is exactly the type of issue addressed in a new memo from the Department of Justice. The memo was written for federal agencies, but it serves as a reminder of how the law already applies. Private employers should pay attention because Title VII uses the same standards.
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A Price Tag on H-1B Visas: Breaking Down Trump’s Major Proclamation
Few immigration programs spark as much debate as the H-1B, and now it is back in the spotlight. The Trump administration’s latest move has the potential to reshape how employers recruit and retain technical talent, with ripple effects across workforce planning. Continue reading
Congress Revives Proposal to Eliminate Credit Checks in Hiring
Employers who use credit reports in hiring may soon hear renewed calls to stop, but likely not because of new federal law. Continue reading
So-Called “Reverse Discrimination”: Easier to Start, Still Hard to Finish
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to start. But as this Sixth Circuit opinion shows, they are still hard to finish without evidence that sex was the real reason for the decision. Continue reading
The six words that helped turn a layoff into a lawsuit
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, convinced the Sixth Circuit that a jury should decide. Continue reading
The EEOC’s $350K Reminder: Retaliation Has No Expiration Date
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement.
TL;DR: The EEOC announced a $350,000 settlement with two Arkansas healthcare entities accused of firing a physician assistant in retaliation for her role in a sexual harassment investigation. The case shows that retaliation protections apply to anyone who participates in such investigations, that liability can extend even years after the protected activity, and that recordings of workplace conversations can be decisive.
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
Warning letters are the FTC’s latest prescription for noncompete abuse in healthcare
The FTC just made clear that while the nationwide noncompete ban is dead, the agency is not backing down. Employers, particularly in healthcare, are officially on notice. Continue reading