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When “Good Times Bad Times” Still Trigger ADA Coverage

the employer handbook

  Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision

Retaliation Requires Protected Activity. Is a Subpoena Enough?

the employer handbook

Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.” This is part one of two. Tomorrow, we

Not Every Discrimination Complaint Gets Legal Protection

the employer handbook

A discrimination complaint can be genuine without being legally protected. An employee learned that the hard way when her retaliation claim flatlined before it even got to trial. A magistrate judge in a federal court recently reminded employers that even a sincere complaint has to be objectively reasonable before it