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The Employer Handbook BlogA Eulogy: “Noncompete Rule, We Hardly Knew Ye”
It promised freedom, delivered litigation, and left us with… state law. Continue reading
Employers, Take Note: A New FTC Noncompete Inquiry Could Shape Compliance
The Federal Trade Commission isn’t finished with noncompetes. It is gathering information to understand when these agreements cause real harm and when they may serve legitimate business purposes. Case in point: its latest enforcement action against an employer that allegedly relied on broad, boilerplate restrictions. Continue reading
Another court greenlights hostile work environment claims based on age
The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. Continue reading
When a “machismo” culture isn’t enough to prove discrimination
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. Continue reading
What if an employee with work-related anxiety says she won’t return “until further notice”?
Anxiety, grievances, and open-ended leave requests can leave HR stuck between compassion and compliance. A federal appellate court just clarified what the ADA does, and does not, require. Continue reading
When 31 Rejections Still Aren’t Enough Evidence of Bias
Imagine applying for the same promotion 31 times and never getting it. That happened to a state police lieutenant. He claimed discrimination, but the Fifth Circuit said the evidence did not add up. Continue reading
What happens when a nurse tests positive for opiates, claims bias, and sues under four different statutes?
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. Continue reading
Even Small Accommodation Requests Can Trigger Big ADA Problems
Sometimes it is not the big-ticket accommodations that land an employer in court. It is the small ones, like a few stretch breaks, that can become costly mistakes. Continue reading
Delay It, You May Pay For It: Four Religious Accommodation Lessons for Employers
An employee asked for a religious exemption, was denied, suspended, and then reinstated once litigation began. The Fifth Circuit’s majority brushed the case aside on a technicality. But a dissenting judge warned that when it comes to religious accommodations, delay can itself be discrimination. Continue reading
Religious Accommodation Meets Transgender Inclusion – Updated Guidance for Employers
Religious-accommodation requests are getting harder for employers to navigate, especially when they collide with policies meant to support transgender employees. The Seventh Circuit just reminded us that employers cannot lean on complaints or speculation alone. A jury will decide whether denying an accommodation is justified by a true “undue hardship.” Continue reading