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Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.”

This is part one of two. Tomorrow, we look at the court’s take on whether two unwanted physical encounters created a hostile work environment. Continue reading

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A discrimination complaint can be genuine without being legally protected.
An employee learned that the hard way when her retaliation claim flatlined before it even got to trial.

A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it triggers retaliation protection under Title VII. Continue reading

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When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of leave, it is on solid legal ground. Continue reading

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A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she returned to full-time, in-person work. A year later, she turned down a contractor role and sued. The Sixth Circuit said the employer handled it exactly right. Continue reading

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From lapel pins to lanyards to slogans on uniforms, employees are bringing social causes to work, and HR is left balancing expression, inclusion, and workplace order. A recent federal court decision involving a “BLM” message on a Home Depot apron shows where those boundaries start to take shape. Continue reading

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A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which the employee declined. Continue reading

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A new Fourth Circuit decision applying the Supreme Court’s Groff v. DeJoy standard shows that “undue hardship” still has teeth. The court sided with an employer that denied a religious exemption from its COVID-19 vaccine policy, but its reasoning stretches far beyond vaccines or healthcare. Continue reading

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