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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
Are You Paying Employees Correctly? The Travel Time Rule You Can’t Ignore!
The Fair Labor Standards Act has been known to trip up HR professionals and employer lawyers, too. Payment for travel time, for example, can have several variables, such as when, where, why, and how. However, a recent Third Circuit decision clarified when, if ever, an employee’s travel time between client sites is compensable.
I’ll spare you the court’s FLSA minutiae and reduce it to a 60-second plain English read for you and your colleagues.
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
From Protection to Rejection: How The EEOC’s New Stance on Trans Rights and Gender Identity Impacts Employers
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Continue reading
Subject: Out of Office – Fly Eagles Fly!
Internal:
Subject: Out of Office – Fly Eagles Fly!
I am currently out of the office, celebrating the Eagles’ Super Bowl victory with thousands of my closest friends (and one very excited son). If you need immediate assistance, please ask yourself, “Is this more important than the Birds winning it all?” If yes, I’ll question your priorities (and consider reporting you to the General Counsel) when I return. If no, I’ll be back on Monday, hopefully with my voice intact.
Go birds!🦅🏆 Continue reading
Discomfort Isn’t Discrimination: Court Sides with DEI Training
So much ink has been spilled recently about the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace. This week, a federal court weighed in on whether a Pacific Northwest employer’s DEI training created a hostile work environment for a white employee.
It didn’t.
More importantly, the court clarified a key point many have overlooked: DEI training is not inherently unlawful.
This ruling carries significant implications for employers dedicated to fostering inclusive workplaces with DEI training. Here are three key takeaways from the court’s decision. Continue reading
From Termination To Trial: Why Employers Need a Consistent Story
It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.
In age discrimination claims, that often means poking holes in the employer’s stated reasons for termination—showing inconsistencies, contradictions, or just plain weak excuses. And that’s precisely what happened in a recent Ninth Circuit case. Continue reading
When Actions Speak Louder: Age Discrimination Without Words
Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks about age. Continue reading
DOJ To Employers With DEI Policies: We May Pursue You Civilly And CRIMINALLY.
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion, and accessibility (DEIA) practices that discriminate based on race or sex. Employers must act now to ensure compliance and avoid potential legal challenges. Continue reading