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The Employer Handbook BlogWhen FLSA Retaliation Reaches Beyond the Direct Employer
Most people assume FLSA retaliation claims start and end with the employer on the worker’s W-2. Not so. The Ninth Circuit just widened the blast radius. Continue reading
When Is a “Religious Belief” Actually Religious? A New Federal Case Helps Employers Draw the Line
Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. Continue reading
When the supervisor mouths off but the documentation saves the day
Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. Continue reading
Hostile Work Environment Claims After Muldrow: What Changed, What Didn’t, and Why Courts Are Drawing the Line
Several readers of this blog have floated the idea that Muldrow v. City of St. Louis — the Supreme Court’s recalibration of what counts as actionable harm in discrimination cases — might ripple into harassment standards. One federal appellate court recently explained why it doesn’t. Continue reading
🦃 Welcome to the The Employer Handbook Annual Thanksgiving Food Poll: 2025 Edition
Millions of Americans will sit down tomorrow and pretend that every dish on the table is:
- cooked through (optimistically),
- technically food, and
- made with love,
when in reality at least three items will be:
- described as “interesting,”
- wrapped in foil that looks suspiciously like it came straight from a minivan, and
- transported in a Tupperware container from 1998.
So once again, in the name of democracy and questionable priorities, I’m opening the 2025 Thanksgiving Food Ballot, where voters will select their favorites across four key categories.
This is not a poll.
This is Election Night coverage nobody asked for.
Preparing for the CROWN Act: A Pennsylvania Employer’s Guide to the New Hair-Based Discrimination Rules
Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a good time for employers to review their policies and make sure they line up with the new standards. Continue reading
When Pro-American Bias Violates Title VII: The EEOC’s New National Origin Materials Cut Both Ways
The EEOC just refreshed its national origin educational materials. They focus on anti-American discrimination. But turn the examples around and you see an equally important point: pro-American favoritism can violate Title VII too. Continue reading
When the Documentation Is Rock Solid, Pretext Claims Don’t Stand a Chance
Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself.
And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. Continue reading
When “Good Times Bad Times” Still Trigger ADA Coverage
Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision shows why employers cannot ignore an employee’s bad days just because the good ones look fine. Continue reading
😲 Wait… THIS Didn’t Count as a Hostile Work Environment?
Employees and supervisors often assume that any inappropriate physical contact is automatically a hostile work environment. But the Eleventh Circuit continues to apply one of the strictest “severe or pervasive” standards in the country. This case shows just how high that bar is.
This is part two of the series. Yesterday’s post covered why a criminal subpoena did not count as Title VII “participation.” Today, we look at the employee’s hostile work environment claim. Continue reading