A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the
Latest from The Employer Handbook Blog - Page 3
If Prayer Isn’t Enough to Support a Religious Exemption Request, What Is?
When does a religious exemption request stop being religious? A federal appeals court just answered that question in a way that eight of its own judges found alarming.
TL;DR: The Ninth Circuit denied rehearing en banc in a Title VII
Before You Fire Someone for FMLA Paperwork Problems, Make Sure Your System Worked
A 19-year employee couldn’t reach his FMLA administrator. The phone system hung up on callers at 5 p.m. An HR rep told him not to worry. Then he was fired for dishonest FMLA reporting.
TL;DR: A Wisconsin federal court denied
HR Said She Was Just There for the Maternity Benefits. See You in Court.
A warehouse worker started her job seven months pregnant. Thirteen weeks after delivering, she was fired. One sentence from the HR rep is why this case is going to trial.
TL;DR: A federal court in Illinois granted summary judgment to
Can an Employee Sue for Failure to Accommodate a Disability She Said She Didn’t Have?
An employee who says “I’m not disabled” can’t turn around and sue for failure to accommodate a disability. The Sixth Circuit just confirmed that’s true even when the employer is the one who raised the disability question in the first
Did Interviewers Say the Quiet Parts Out Loud? The EEO-1 Data May Have Confirmed the Rest.
According to the EEOC, a waste management company hadn’t hired a female garbage truck driver in years, and its interviews showed why: a manager told one qualified female applicant to think carefully, talk to her husband, and let him know
If Free Help Was Available and You Turned It Down, Can You Still Claim Undue Hardship?
A blind customer care advocate asked for screen reading software. According to the EEOC, his employer tested two products, decided the software wasn’t compatible, turned down a free offer from a state agency to help, and terminated him. That sequence
What the ADA Requires When a Drug Test Flags a Legally Prescribed Medication
According to the EEOC, the company’s own doctors cleared two employees as fit for duty. The employer allegedly refused to let them return anyway, unless they switched the medications treating their disabilities. That decision cost $300,000.
This week is EEOC
What Does the ADA Require Before You Pull a Telework Accommodation You Already Approved?
The employer granted a dispatcher’s telework accommodation, watched her work successfully from home for nearly three years, then yanked it without ever talking to her according to the EEOC. That sequence cost $280,000.
This week is EEOC Settlement Week on
Can a $2 Billion Company Claim a $1,700 Accommodation Is Too Expensive?
According to the EEOC, a $2 billion company said it couldn’t afford $1,700 hearing protection for an employee losing her hearing on the job. A federal lawsuit and a $100,000 settlement later, that calculus looks different.
This week is EEOC