Category: Human Resources

Fail any one of the three prongs of New Jersey’s ABC test, and the worker is your employee. The Department of Labor adopted new independent contractor rules on May 5, making that standard official in binding regulation, and employers have until October 1 to get their contractor relationships in order.

A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the reasons why are a useful lesson for any employer. TL;DR:

When does a religious exemption request stop being religious? A federal appeals court just answered that question in a way that eight of its own judges found alarming. TL;DR: The Ninth Circuit denied rehearing en banc in a Title VII religious accommodation case, leaving in place a panel decision that

A 19-year employee couldn’t reach his FMLA administrator. The phone system hung up on callers at 5 p.m. An HR rep told him not to worry. Then he was fired for dishonest FMLA reporting. TL;DR: A Wisconsin federal court denied summary judgment to the employer on both FMLA interference and

A warehouse worker started her job seven months pregnant. Thirteen weeks after delivering, she was fired. One sentence from the HR rep is why this case is going to trial. TL;DR: A federal court in Illinois granted summary judgment to the employer on a warehouse worker’s Title VII claims and

An employee who says “I’m not disabled” can’t turn around and sue for failure to accommodate a disability. The Sixth Circuit just confirmed that’s true even when the employer is the one who raised the disability question in the first place. TL;DR: An employee with a history of transient ischemic

According to the EEOC, a waste management company hadn’t hired a female garbage truck driver in years, and its interviews showed why: a manager told one qualified female applicant to think carefully, talk to her husband, and let him know if she still wanted the job. She did. The company

A blind customer care advocate asked for screen reading software. According to the EEOC, his employer tested two products, decided the software wasn’t compatible, turned down a free offer from a state agency to help, and terminated him. That sequence cost $270,000. This week is EEOC Settlement Week on The

According to the EEOC, the company’s own doctors cleared two employees as fit for duty. The employer allegedly refused to let them return anyway, unless they switched the medications treating their disabilities. That decision cost $300,000. This week is EEOC Settlement Week on The Employer Handbook: one recent EEOC settlement