11/08/2017
One response to reported sexual harassment is to separate the alleged victim from the alleged harasser. However, if the separation includes a schedule change, the victim may claim that amounted to punishing her for reporting harassment in the first place.
11/02/2017
The 3rd Circuit Court of Appeals recently handed a victory to employers that struggle with employees who misuse FMLA leave—particularly intermittent FMLA leave. The court held that an employer’s honest belief that its employee misused FMLA leave was sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.