Keeping Head in Sand Risky to Employers in Discrimination Cases

I've written before about the honest-belief rule - if an employer honestly believed in the proffered reason for its action, an employee cannot establish pretext, even if the employer's reason is ultimately found to be mistaken, foolish, trivial, or baseless. Jones v. Nissan N. Am. (6th Cir...

The FMLA and the Honest Belief Rule: Monitoring Leave of Absence Abuse

Last week, I discussed the bounds of the "honest belief rule" as a defense to a discrimination claim. Yesterday, in Seeger v. Cincinnati Bell Telephone Co. [pdf] , [ an enhanced version of this opinion is available to lexis.com subscribers ]the 6th Circuit used that same defense to affirm...

Posting Vacation Pics on Facebook While on FMLA Is a Bad Idea

The FMLA turned 20 last week and there has been a flurry of articles and posts discussing how the FMLA has changed the workplace, whether it imposes too high of a burden on employers, and predicting how it will likely continue to evolve. Academic commentary aside, though, we all know that the FMLA...