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The Employer Handbook BlogShe Called Equity Training Racist. Her Own Words About a Black Employee Said Otherwise.
She said the training singled out white employees as inherently racist. Her own testimony said otherwise, and that’s what sank her case.
New Jersey’s New Reinstatement Right Could Blindside Employers Who Thought They Knew the Rules
In January, then-Governor Phil Murphy signed a law creating a reinstatement right that never existed before. For employers of any size. It takes effect July 17, and even employers confident they’ve got employee-leave compliance handled could be blindsided.
Trashing an Employee on Social Media Can Count as Retaliation
A hospital and university didn’t just demote an employee over his criticism of a race-based practice. They went on social media to trash him, and that’s the bigger legal problem.
There’s No Mitigation Defense for Emotional Distress Under Title VII
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.
The FMLA’s Second and Third Medical Opinion Process: A Rare Look at How It Works and What It Costs to Skip It
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.
When Consistent Enforcement of Your FMLA Policy Is Your Best Discrimination Defense
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.
Get In Early: Dear Employment Counsel
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
“The Cliques Aren’t Going Anywhere” Is Not a Defense to a Hostile Work Environment Claim
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.
Paid Administrative Leave During an FMLA Investigation Can Be Retaliation. A Federal Appeals Court Just Said So.
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.
