The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of government oversight. And this case […]| The Employer Handbook Blog
A jail administrator posted apocalyptic religious commentary online. A reporter found it, published a story, and suddenly the county faced community outrage and questions from federal officials about whether they would continue housing inmates at the jail. The county fired the administrator. The employee sued under Title VII. The Eighth Circuit just said: not so […]| The Employer Handbook Blog
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly worked overtime without preapproval despite […]| The Employer Handbook Blog
When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to the courtroom. TL;DR: A hospital […]| The Employer Handbook Blog
When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. TL;DR: One employee went beyond watercooler […]| The Employer Handbook Blog
If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. TL;DR: A 25-year warehouse employee with a long record of strong reviews and near-perfect attendance was laid […]| The Employer Handbook Blog
An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. TL;DR: The Fourth Circuit affirmed summary judgment for […]| The Employer Handbook Blog
A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. TL;DR: A deputy warden sued after being passed over for promotion, alleging her husband’s serious illness led to discrimination. The Eleventh Circuit rejected her ADA claim, emphasizing that associational disability claims require a strong causal link—not just a stray […]| The Employer Handbook Blog
When a trucking company told a deaf applicant, “No, I’m sorry, we can’t hire you because of your deafness,” it wasn’t just a bad look—it was a multimillion-dollar ADA violation. The jury awarded $36 million (later capped), and the appeals court backed it up. TL;DR: A trucking company refused to hire a deaf driver—even […]| The Employer Handbook Blog
What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash? In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he […]| The Employer Handbook Blog
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was fired after hitting the maximum […]| The Employer Handbook Blog
Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are ...| The Employer Handbook Blog
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he was fired for submitting an […]| The Employer Handbook Blog
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t […]| The Employer Handbook Blog
They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. TL;DR: A federal appeals court just revived an age discrimination lawsuit after finding that […]| The Employer Handbook Blog
A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after she disclosed painful endometriosis symptoms […]| The Employer Handbook Blog
It’s here. As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay ...| The Employer Handbook Blog
The Supreme Court appears ready to give the President what amounts to a blank check to fire a Senate-confirmed member of the National Labor Relations Board — no cause, no hearing, no due process. Just “You’re fired,” in an 11 p.m. email. TL;DR: On May 22, 2025, the Supreme Court granted the government’s request to […]| The Employer Handbook Blog
Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags. […]| The Employer Handbook Blog
When employees allege discrimination under the ADA, it’s their burden to prove bias — not the employer’s burden to defend every business decision. A recent Seventh Circuit case reinforces that when employers apply clear policies consistently, even imperfect decisions won’t amount to discrimination. TL;DR: An employee who failed a random drug test (because of prescribed […]| The Employer Handbook Blog
Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go. 🎧 If reading legal blogs […]| The Employer Handbook Blog
When two bartenders disclosed medical conditions, a New York brewery pulled them from the schedule, according to the EEOC. That’s not how the ADA works. TL;DR: The EEOC recently settled an ADA lawsuit against a New York brewery, which will pay $225,000 to two former employees—one with cancer, the other with a seizure disorder. According […]| The Employer Handbook Blog
When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then later disciplined and fired her […]| The Employer Handbook Blog
A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. TL;DR: A senior executive with prostate cancer sued after being fired months after a […]| The Employer Handbook Blog
Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. TL;DR: A federal appeals court sided with an employer that fired a director who secretly recorded […]| The Employer Handbook Blog
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law doesn’t protect an employee under […]| The Employer Handbook Blog
A major legal battle is unfolding over whether President Trump had the power to fire two Senate-confirmed officials from independent federal agencies. One is Jocelyn Samuels, formerly of the EEOC. The other is Gwynne Wilcox, who had just started a second term on the NLRB. Their cases are raising serious questions about how much control […]| The Employer Handbook Blog
The common logic is that firing an employee shortly after complaining about workplace discrimination isn't a good look.| The Employer Handbook Blog
In 2013, a healthcare provider hired a white man—let's call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and ...| The Employer Handbook Blog
Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to establish a nexus between the two events, and the ...| The Employer Handbook Blog
