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The Employer Handbook BlogCongress 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
Boss’s Politics, Union Talk, or Religious Views? NJ Says You Don’t Have to Listen
When employees clock in, they expect to do their jobs, not sit through political speeches, anti-union campaigns, or religious lectures from their boss. New Jersey just turned that expectation into a legal right. Continue reading
🎷 ‘Careless Whisper’ Isn’t a Title VII Claim
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a viable harassment or retaliation claim. Continue reading
A 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