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A federal court in Northern California recently drew a sharp line between political controversy and unlawful discrimination. The case involved a Jewish performer whose Hanukkah concert was canceled after backlash to a social media post supporting Israel following the October 7 Hamas attack. The performer claimed discrimination. The court said: […]
The Legal Standard: Reasonable vs. Flawless Workplace Investigations The Sixth Circuit recently reaffirmed that workplace investigations don’t have to be flawless—only reasonable. In a case involving a long-time delivery driver reassigned after a knee injury, the employer terminated him after credible reports linked him to graffiti found on customer trusses. […]
First Amendment Primer The U.S. Constitution provides that “Congress shall make no law … abridging the freedom of speech…” That means that Congress is prohibited from imposing limitations on free speech. With the passage of the Fourteenth Amendment, that prohibition was extended to state governments. Accordingly, private employers can take […]
Federal Court Clarifies ADA Leave Standards Citing anxiety as her condition, an employee told her employer she could not return “until further notice”. The Eleventh Circuit held that such indefinite leave is not a reasonable accommodation under the ADA. While employers must consider finite leave requests, they are not required […]