He got fired after threatening to complain to HR. Could that be retaliation?
The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee....
Category: Employer Handbook
She said the quiet part loud and the loud part, well, not at all.
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from...
A day late and an age discrimination claim short
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to...
How do you track FMLA when an employee takes leave during the week of Memorial Day?
If you’ve got an HR-compliance sweet tooth, here is your FMLA nerd candy. Your favorite employment law, the Family...
The Labor Board’s top attorney wants to void non-competes that violate labor law. Hot take: meh.
Yesterday, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memo claiming that the “proffer, maintenance, and enforcement...
At work, do we have to accommodate employees with religions we’ve never heard of?
Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees based on religion. As the...
Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
This will all make sense in a minute if you keep reading. The plaintiff is dealt a tough hand....
Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?
Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where...
Would you stop emailing and texting? Just pick up the damn phone for once instead!
If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this...
Here’s how the feds will enforce pump at work protections for nursing workers
For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time...
A new resource from the EEOC could help employers avoid bias claims from using AI
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and...
What to do if you face antisemitism at work
Yesterday, the EEOC released a new fact sheet on “What To Do If You Face Antisemitism at Work,” which,...
A Californian got fired for an ALL LIVES MATTER tweet and claimed … RELIGIOUS discrimination?!?
I’ll explain why a federal court determined the complaint of a sports radio talk show host failed to state...
The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?
On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission...
What happens when everyone in the same position is over 60 and gets fired?
Is it age bias? Or just business? In a decision I read last night, the plaintiff spent more than...
Slight and annoyances at work generally aren’t tantamount to discrimination and retaliation
Having done this now for over two decades, I understand how employers can often make employees feel underappreciated and...
Bad EEOC position statements can come back to haunt you. Just ask this employer.
There will come a time in your HR or employment law career when you must respond to a Charge...
EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.
A few weeks ago, I blogged here about how a federal appellate court concluded that firing someone who isn’t...
There’s a new FMLA Poster
After Sunday’s Philadelphia 76ers’ win over the Boston Celtics in Game 4 of the NBA playoffs, I didn’t think...
Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF
Reductions in force are bad enough. Don’t let decision-makers mishandle them and create litigation risks. The plaintiff in this...