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Can a Sexual Harassment Claim Discovered Mid-Arbitration Force the Entire Case into Court? A Federal Appellate Court Said Yes.

the employer handbook

An arbitration agreement usually decides where an employment dispute will be heard. In this case, evidence uncovered during arbitration opened the door to court instead. TL;DR: A former executive began arbitrating national-origin and domestic-violence-victim claims. After withdrawing over allegedly late arbitration fees, she filed in court and relied on evidence

The Protected-Leave Problem That May Be Hiding in Performance Metrics

the employer handbook

Protected leave can be approved on paper and penalized in a spreadsheet. A federal judge just allowed fourteen employment claims to proceed over an allegedly leave-blind performance system. TL;DR: An employee alleged that her employer’s utilization formula, staffing practices, and peer comparisons depressed the performance ratings of employees who took

Six Emmys Could Not Anchor This Pay Discrimination Claim.

the employer handbook

She had six Emmy Awards. The male colleague earning more than she did had none. TL;DR: A Michigan appeals court upheld summary disposition for a television station after an award-winning reporter claimed sex discrimination based on a male colleague’s higher salary. The employer traced the pay gap to his major-market

99.9% of Germs Eliminated. Also Her ADA Claims.

the employer handbook

Keeping disinfectant in the office during the pandemic was understandable. Following coworkers around and spraying it on their clothes and sometimes in their mouths was not. TL;DR: A federal appeals court upheld summary judgment for an employer on disability discrimination and retaliation claims after an employee was fired for directing

Why an Open Job Beats Unpaid Leave When an Employee Can Work

the employer handbook

The employee asked his manager about less physically demanding jobs. The manager offered to contact the risk department, then could not remember whether he ever did. TL;DR: The Fourth Circuit revived an employee’s ADA accommodation claim after his employer kept him on unpaid leave while filling customer service and sales