A supervisor joked about selling an employee in the red-light district. When the case reached a federal appeals court, the employer’s defense was almost as bold: don’t blame us for the emotional distress bill, she should have gotten therapy.
If you’ve never requested a second FMLA medical opinion, you’re not alone. Most employers haven’t. A Seventh Circuit case decided last month is a useful illustration of how that process works and why the details matter. This is the second post from that case — yesterday’s covered the FMLA falsification and transgender discrimination angles.
A bus operator was fired for FMLA falsification and claimed his employer terminated him because he was transgender. The employer’s defense was simple: it fired four other employees for the same conduct around the same time. A federal appeals court just said that’s enough.
My partner just launched an employment law newsletter on LinkedIn, and I’m plugging it here for free, which tells you either how much I believe in him or how bad I am at negotiating. Continue reading
An employer investigated a racial harassment complaint, offered a transfer, and watched the harassment continue. A federal appeals court just sent the hostile work environment claims to a jury.
A school superintendent returns from FMLA leave to find herself barred from the building and placed on paid administrative leave pending an investigation that, she alleges, never actually happened. A federal appeals court just held that’s enough to state an FMLA retaliation claim.
The Supreme Court just ruled on whether transgender athletes can play girls’ high school sports. If you’re scanning this for a new Title VII rule for your LGBT employment policies, save yourself the trouble: there isn’t one.
The Supreme Court just eliminated 91 years of job security for commissioners and board members at federal agencies like the EEOC and the NLRB. The practical consequences for employers are bigger than the headlines may suggest. Continue reading
You’ve probably seen the headlines. Two flight attendants fired for posting about the Equality Act, a Ninth Circuit reversal, and the usual takes about religion vs. LGBTQ rights in the workplace. Here’s what those takes mostly missed.
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