An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a
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“Take it or leave it” is not a religious accommodation strategy
A weekend schedule change. A Sunday church conflict. And apparently no one at the company thought to have a conversation about it.
TL;DR: According to a new EEOC lawsuit, an employer violated Title VII by changing an employee’s schedule to
We’re in Toronto. It Was Not My Idea. Send Help.
This week, I’m taking three of my four kids to Toronto for spring break.
My boys picked Toronto because all four of the city’s pro sports teams are home this week. The Blue Jays, the Raptors, Toronto FC, and the
ADA Risk: Undoing a Working Accommodation After Years of Success
A new manager walks in, looks at a long-standing accommodation, and decides it’s over. The employee had been doing the job successfully for years. That’s where the risk starts.
TL;DR: According to the EEOC, a supermarket employee with a mobility
Paid Sick Leave Laws Protect Employees Who Follow the Rules. This Fox News Producer Didn’t.
Most paid sick leave laws protect employees who follow the rules. A D.C. federal court just illustrated what happens when one doesn’t, and why a written call-out policy is the difference between a defensible termination and extended litigation.
TL;DR: A
Coworker Says the N-Word. Employer Fires Him Within a Week. Court: No Liability.
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
TL;DR: A Black factory worker claimed his employer subjected him to a racially hostile
New Executive Order Bans “Racially Discriminatory DEI Activities” by Federal Contractors and Their Subcontractors
President Trump’s new executive order for federal contractors bans something called “racially discriminatory DEI activities.” Read the definition and you’ll find it’s just discrimination — conduct Title VII has prohibited for sixty years. What the order actually adds is a
I Got Cease and Desisted. Now I Need Your Help.
I am an employment lawyer. I have spent over two decades helping employers avoid liability. Last week, I got a cease and desist letter. Against me.
TL;DR: I received a cease and desist letter demanding that I immediately stop using
Can a White Employee Sue for Race Discrimination Under the NJLAD Without Any Heightened Burden? The Third Circuit Says Yes.
The Third Circuit just predicted that New Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it.
TL;DR: The Third Circuit predicted that the New Jersey Supreme Court would abolish the
Can an Employee Turn a Completed PIP Into an Age Discrimination Claim?
Put simply, a performance improvement plan is designed to improve performance, not expose employers to liability. Courts used to see it that way too. That changed when the Supreme Court redefined what counts as an adverse employment action — and