September 9, 2025
Track details of incidents leading to discipline

Want to make sure discipline sticks? Then details matter. It’s far easier to defend a termination decision if you can show the court that you specifically pointed out the employee’s work problems and offered an opportunity to improve instead of simply terminating her.

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September 8, 2025
Lawsuit proves pregnancy accommodation isn’t optional

Despite the existence of two laws prohibiting discrimination against pregnant women—the passage of the Pregnancy Discrimination Act in 1978, then the Pregnant Workers Fairness Act in 2023—employers continue to ignore these laws. Now, the EEOC has taken notice and litigation is ramping up, as one court case proves.

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September 8, 2025
Employer challenges EEOC authority to file systemic-discrimination cases

Should the judge rule for the employer, the EEOC would effectively be unable to file new systemic-discrimination cases against employers until the EEOC reaches a quorum.

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September 5, 2025
White House proposed budget would eliminate OFCCP

The DOL has proposed eliminating the agency by cutting funding and staff other than those programs that add veterans and enforce the Rehabilitation Act.

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September 5, 2025
Removal from dangerous duty brings ADA suit

A federal court has reinstated a Georgia police detective’s case against her employer after she produced evidence the police department regarded her as disabled when she was not.

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September 4, 2025
FMLA intermittent leave not limited by certification estimate

As a recent case shows, employees with intermittent leave certifications for serious health conditions that may flare up from time to time are entitled to more time off than the estimate. Holding an employee strictly to the certification and terminating that employee for missing more work may backfire badly.

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September 4, 2025
Is that religious belief sincere? If not, you can push back

Title VII provides that employees are entitled to reasonable accommodations for their sincerely held religious beliefs and practices. But what is a sincerely held belief? And how far can employers go to challenge that assertion?

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September 4, 2025
Uncovering the Facts: HR Investigations That Hold Up

 

• Key elements of an effective investigation. Understand the core components of a thorough investigation and when it’s necessary to launch one.
• Triggering events. Learn which types of employee complaints and situations require immediate investigation and which can be resolved through other means.
• Legal obligations. Discover which employment laws mandate investigations and how to stay compliant.
• 10-step investigation process. Get a step-by-step guide to keep your inquiry on track from start to finish.
• Flowchart and documentation tools. Learn how to use a model investigation flowchart, templates and sample forms to streamline your process.
• Interviewing techniques. Plan and strategize each interview, implement a checklist and document findings accurately to build a solid investigation report.

 

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September 3, 2025
National Guard deployments create employer obligations

As the White House deploys National Guard units to cities like Los Angeles and Washington, D.C., in increasing numbers, now is a good time for employers to review their obligations under two federal laws: the Uniformed Services Employment and Reemployment Rights Act and the Family and Medical Leave Act.

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September 3, 2025
Federal appeals court rules that PWFA is not invalid

The 5th Circuit Court of Appeals says the law was legally passed and that the Constitution did not require in-person voting.

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