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The Employer Handbook Blog
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
You’re Fired! (Or Are You?): The NLRB Drama Heads to Court
Last week, former President Trump made headlines (and blog posts) for firing Gwynne A. Wilcox, Chair of the National Labor Relations Board, even though her term was set to last until 2028. This week, Ms. Wilcox sued to get her job back. Here’s what’s happening and why it matters for employers.
FMLA: When ‘Leave’ Means ‘Stop Calling Me!’
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence. Continue reading
No Laughing Matter: How a Comedian’s Racist and Sexist Jokes Led to a CFO’s Retaliation Claim
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
She Admitted to Falsifying Company Records—And Might Still Win Her Lawsuit
Over the weekend, I came across a court ruling highlighting a surprising legal reality: an employee who admits to breaking company rules can still have a valid discrimination case. Continue reading
Skipping the Interactive Process? Meet the Courtroom.
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. Continue reading