“Lincoln May Have Freed the Slaves, But I’m Keeping You” — and the Case Still Got Dismissed
A Black legal assistant sued a law firm partner and the firm for a hostile work environment after the partner told her, “Lincoln may have freed the slaves, but I’m keeping you.” The Eleventh Circuit affirmed the district court’s dismissal, finding that a single offensive remark, without additional severe conduct, does not satisfy Title VII’s harassment threshold. The firm’s prompt written apology, reassignment, and physical separation of the employee were cited as key factors in the case’s early resolution. The court also rejected the plaintiff’s vague supplemental allegations as futile.
He Complained. He Got Fired Six Days Later. The Employer Still Won. Here’s How.
A security supervisor in Oklahoma reported that his manager favored female employees, then was terminated six days later for alleged training failures and performance issues. The 10th U.S. Circuit Court of Appeals affirmed summary judgment for the employer because the...
If You Can’t Explain Why Each Employee Needs a Noncompete, You May Have a Problem
The FTC filed an administrative complaint against Rollins, the parent of Orkin, alleging its blanket non‑compete policy forced more than 18,000 pest‑control workers to sign two‑year, 75‑mile restrictions without compensation. The agency says the practice violates Section 5 of the FTC...
The $11.5M SHRM Post-Trial Ruling Is Here. The Warnings Inside Apply to Every HR-Sophisticated Employer.
A federal court rejected SHRM’s post‑trial motions, leaving an $11.5 million jury verdict for race discrimination and retaliation intact. The verdict includes $1.5 million in compensatory damages and $10 million in punitive damages. The opinion emphasized that SHRM, as a leading trainer on...
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
The Eleventh Circuit affirmed summary judgment for a manufacturing firm that placed a Black engineer on a performance‑improvement plan (PIP) immediately after his third FMLA leave and later terminated him. The court held that suspicious timing alone does not prove...
Can Unpaid Volunteers Sue for Discrimination?
A Colorado federal court granted summary judgment to a city, holding that participants in its Police Department Explorer volunteer program were not "employees" under Title VII because they received no meaningful remuneration. The court also dismissed the plaintiffs' sex‑discrimination and...
Bad, Abrupt Termination After a Discrimination Complaint. Still Lawful. Here’s Why.
A Fifth Circuit court affirmed summary judgment for an employer who fired an African‑American female manager the same day she was accused of insubordination, despite her earlier Title VII and Section 1981 discrimination complaint. The court held that the employee...
“Take It or Leave It” Is Not a Religious Accommodation Strategy
The EEOC has sued Cogar Group alleging a Title VII violation after it shifted a part‑time security guard’s schedule to weekends, conflicting with his Baptist deacon duties. The employee warned of the religious conflict, but the supervisor and HR offered no...
We’re in Toronto. It Was Not My Idea. Send Help.
A father traveling to Toronto for spring break with three of his four children seeks local recommendations. He highlights the city’s sports schedule—Blue Jays, Raptors, and Leafs games—as the main draw, while also wanting to explore food, culture, and kid‑friendly...
ADA Risk: Undoing a Working Accommodation After Years of Success
The EEOC has sued a major grocery retailer for firing a long‑term employee after a new manager revoked her proven ADA accommodation—a walker and sit‑down station—that had enabled her to work successfully for over three years. The employer allegedly refused...
Paid Sick Leave Laws Protect Employees Who Follow the Rules. This Fox News Producer Didn’t.
A D.C. federal court ruled that a Fox News producer who failed to give timely notice of a sick‑day was not protected under the D.C. Accrued Sick and Safe Leave Act. The employee knew he would be absent the night...
Coworker Says the N-Word. Employer Fires Him Within a Week. Court: No Liability.
The Third Circuit affirmed summary judgment for a Pennsylvania packaging plant that fired a coworker who used the n‑word and later terminated a Black employee for exceeding attendance points. The court held that a single, non‑supervisory slur, followed by swift...
I Got Cease and Desisted. Now I Need Your Help.
Employment attorney Eric Meyer received a cease‑and‑desist letter demanding he stop using the blog name “The Employer Handbook.” After reviewing the claim, he decided to comply and began exploring alternative names, even soliciting suggestions from his readership. He considered several...
Can a White Employee Sue for Race Discrimination Under the NJLAD Without Any Heightened Burden? The Third Circuit Says Yes.
The Third Circuit ruled that New Jersey’s “Background Circumstances Rule,” which imposed a heightened burden on majority‑group plaintiffs under the NJLAD, is incompatible with the statute and therefore dead in federal court. The decision follows the U.S. Supreme Court’s unanimous...
Can “I Felt Pressured” Undo a Signed Severance Release?
The Sixth Circuit affirmed summary judgment for a chemical company after finding its severance release was knowing and voluntary under a five‑factor test. The court held the employee, a master’s‑degree holder, had ample 45‑day review time, clear language, adequate consideration,...
You Can’t Sue Your Staffing Agency to Cover Your Own Title VII Liability
A federal district court dismissed with prejudice a Title VII defendant’s third‑party indemnification claim against three staffing agencies. The employer had instructed the agencies not to refer women for laborer jobs and then tried to shift any resulting liability to...
“Focus on Your Health” Is Not a Lawful Reason to Fire Someone
The EEOC has filed a lawsuit against a Mississippi restaurant, alleging an Americans with Disabilities Act violation after the employer fired an employee with a seizure disorder nine days after a seizure. The termination letter told the worker to “focus...
Two Nonsolicitation Mistakes That Can Cost Employers an Injunction
Pennsylvania Superior Court upheld a trial court’s denial of a preliminary injunction against former wealth advisors, citing two common drafting errors in nonsolicitation agreements. The court found the mid‑employment covenants lacked new consideration and the client restriction was overly broad,...
Filed Under “Duh”: Throwing Paper Clips at Work Undermines a Retaliation Claim. Secretly Filming Your Boss Doesn’t Help Either.
An Illinois federal court granted summary judgment to a state agency that terminated an employee after a documented series of workplace misconduct, including throwing paper clips, calling a coworker lazy, abandoning a phone desk, and secretly filming a supervisor. The...
One Harassment Claim Can Knock an Entire Case Out of Arbitration
The Sixth Circuit ruled that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), a plausibly alleged sexual‑harassment claim renders a pre‑dispute arbitration agreement unenforceable for the entire lawsuit, not just the harassment claim. In the...
An Employee Worked 816 Hours of Overtime. The Employer Still Didn’t Owe It.
The Fifth Circuit upheld a defense verdict in a Fair Labor Standards Act overtime case after a jury found the employer lacked actual or constructive knowledge of the employee’s 816 overtime hours. Although a district court classified the insurance manager...
Is Your Hiring Assessment a Lie Detector in Disguise? It Could Be a Class Action Time Bomb⏰💣
A Massachusetts federal court denied a motion to dismiss a putative class action alleging that a pre‑hire "Workstyle Assessment" functions as an unlawful lie detector. The assessment asked candidates to rate statements on planning, persistence, reliability and emotional awareness, and...
Why “This Is Unfair” Isn’t a Retaliation Claim
A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...
When an Ultimatum Turns a “Resignation” Into a Jury Question
A federal court ruled that a pregnant employee’s resignation, prompted by a one‑day stay‑or‑leave ultimatum, could be treated as constructive discharge. The judge found that the rushed deadline, supervisor comments suggesting termination was inevitable, and internal discussions about maternity‑leave optics...