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
Latest from The Employer Handbook Blog - Page 6
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
Can “I Felt Pressured” Undo a Signed Severance Release?
She signed a severance release, collected her benefits, and then sued anyway. The Sixth Circuit just explained why that didn’t work – and why the employer’s paperwork made all the difference.
TL;DR: The Sixth Circuit affirmed summary judgment for an
You Can’t Sue Your Staffing Agency to Cover Your Own Title VII Liability
According to the EEOC, a company told its staffing agencies not to send women for laborer jobs because women would “distract” male workers. When the EEOC sued, the company turned around and sued the staffing agencies too. A federal court
Hiring Undocumented Workers and Skipping Wages Isn’t a Loophole.
He worked as a building superintendent for three and a half years. His employer conceded he did the work. He was never paid wages after his first two weeks. The New Jersey Supreme Court just explained why that arrangement is
When Supervisors Threaten Retaliation at Onboarding and Then Deliver
Two supervisors warned a new hire in his first weeks on the job: file an EEO complaint against us, and we’ll end your government career. Then they did.
TL;DR: The Fourth Circuit vacated summary judgment for the employer on a
“Focus on Your Health” Is Not a Lawful Reason to Fire Someone
Whatever the actual reason for firing an employee, the written explanation becomes evidence. A Mississippi restaurant is about to find out what that means.
TL;DR: The EEOC has sued a Mississippi restaurant under the Americans with Disabilities Act, alleging it
Two Nonsolicitation Mistakes That Can Cost Employers an Injunction
Restrictive covenants often rise or fall at the preliminary injunction stage. A Pennsylvania appellate decision shows how two common drafting mistakes can derail an employer’s attempt to enforce a nonsolicitation agreement.
TL;DR: The Pennsylvania Superior Court affirmed denial of a