The Employer Handbook Blog

Maybe Don’t Tell the EEOC You Removed Someone From Work for Her “Introduction of Race”

February 6, 2026 | by Eric B. Meyer

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Me? I probably would not tell the EEOC that I removed a Black employee from work because of her “introduction of race” into the workplace. Especially after she complained about race discrimination triggered by a question about attending a Black Lives Matter protest.

But that is exactly what happened here.

And it is exactly why the employer lost on retaliation at summary judgment. Continue reading

When a PIP becomes the retaliation claim

February 5, 2026 | by Eric B. Meyer

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Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. Continue reading

No Harm, No Claim: When a Religious Accommodation Denial Isn’t Actionable

February 4, 2026 | by Eric B. Meyer

Not every denied accommodation becomes a viable lawsuit. Courts are still asking a simple threshold question before a discrimination case goes anywhere. Continue reading

Pay Equity After a Reorganization: What Employers Often Miss

February 3, 2026 | by Eric B. Meyer

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Pay equity disputes are rarely about a single salary decision. They turn on whether an employer’s explanation for a pay gap holds together once the facts are examined.

A recent Seventh Circuit decision shows how reorganizations that blend promotions and transfers into the same role can expose cracks in that explanation. Continue reading

The Groundhog Day Problem in Workplace Investigations

February 2, 2026 | by Eric B. Meyer

In Groundhog Day, the problem isn’t that the day repeats. It’s that nothing changes. At one point, Phil Connors captures the frustration perfectly: “What if there is no tomorrow? There wasn’t one today.”

That same problem shows up when employers investigate complaints about a supervisor, conclude the conduct is not actionable, and then respond the same way each time the issue resurfaces. Continue reading

The Low Bar for Whistleblower Claims in New Jersey

January 30, 2026 | by Eric B. Meyer

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Whistleblower cases do not begin with evidence and proof. They begin with allegations. If those allegations are plausible, employers get forced into discovery. Under CEPA, that bar is very low. Continue reading

How a Drug Test Exposed an ADA Compliance Gap

January 29, 2026 | by Eric B. Meyer

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Hiring can feel like a checklist: background check, drug test, start date. But when an applicant raises a disability-related issue, those boxes stop being routine, and the Americans with Disabilities Act (ADA) starts asking questions. Continue reading

When “Someone Should Have Told Her” Isn’t Enough for a Retaliation Claim

January 28, 2026 | by Eric B. Meyer

If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. Continue reading

Sometimes the case ends because the plaintiff says the quiet part out loud

January 27, 2026 | by Eric B. Meyer

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Most employment cases fall apart because the evidence is thin or the comparators don’t line up.
This one fell apart because of what the employee herself admitted – under oath. Continue reading

The EEOC Pulled Its Harassment Guidance. Now What?

January 26, 2026 | by Eric B. Meyer

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The EEOC just pulled the plug on its most comprehensive harassment guidance. Some federal guardrails are gone, but the law is not – and neither are employers’ obligations. Continue reading