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Employment Law

Dismiss racist taunts at your peril

07/09/2025
The cardinal rule for racist slurs and jokes is this: Never ignore a complaint without an investigation or assume an innocent intent. And watch what you say in emails!

Extended leave for disabled spouse? Maybe

07/09/2025
Under the ADA, there’s no obligation to reasonably accommodate a spouse’s illness. But a recent case in California under that state’s ADA equivalent may portend a trend.

Bystander harassment reporter has rights, too

07/07/2025
The EEOC has long said that one of the keys to stopping workplace harassment is to encourage bystander reporting, where individuals witnessing or hearing about apparent harassment report what they saw or heard to HR. But sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger.

No, you can’t deny accommodation over aesthetics

06/30/2025
Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.

Supreme Court rules ADA does not apply to former employees

06/30/2025
In a mixed decision that may invite other cases, the U.S. Supreme Court ruled that a retired disabled individual could not sue her former employer over an alleged discriminatory policy change that cut her retiree health benefit.

Discover work mistakes during FMLA? Here’s what to do

06/23/2025
Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Painful periods? That’s no reason not to hire

06/23/2025
The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

How discrimination beliefs are driving resistance to DEI initiatives

06/23/2025
When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

Why EEOC’s refusal to pay state discrimination agencies means more lawsuits

06/17/2025
Recently, the EEOC indicated that it will no longer pay state anti-discrimination agencies for work they do on complaints involving gender identity discrimination or claims of disparate impact before they’re sent to the EEOC.

For workers, strikes look like the answer

06/12/2025
With this year marked by economic uncertainty, some employers have chosen to offer smaller pay increases. That may lead to dissatisfaction among workers still contending with the effects of inflation and rising costs.