Volume 24 |September 2025

HR and the Law in the News

 Confused Businessman and Businesswoman Feeling Puzzled Vector Illustration. Funny business team shrugging having difficulties to solve a problem

Is an Employer Liable for Workplace Harassment By a 3rd Party?


A few months into her tenure, an employee (sales rep) went to visit one of the company’s clients, a motel. When she stepped into the motel manager’s office, the manager locked the door behind her and asked if they could date. The employee said no, felt uncomfortable, and asked to leave. The manager unlocked his office door, and the employee walked out. The employee described these events to her supervisor who reassigned the client to another sales team, and the employee would not need to interact with the client again? The employee sues the employer for being subjected to a hostile work environment. Did she win?

Close-up. Pregnant adult businesswoman working at her working place in office.

5th Circuit Issues Good News for Pregnant Employees in Texas


Last year the state of Texas challenged the Pregnant Workers Fairness Act (PWFA), alleging the Congressional vote was unconstitutional. The court agreed.  That decision was appealed to the 5th U.S. Circuit Court of Appeals. On August 15th, the court rendered its opinion.


Religion Faith Believe Belief Praying Religion Concept

7th Circuit Addresses Employer's Duty to Provide Religious Accommodation


A Christian teacher asked his employer for a religious accommodation to call his students by their last name rather than their transgender name. The school granted that request for one year. After the school received complaints from “a handful” of students, teachers, and one parent, the school revoked the accommodation. The teacher was instructed to call his students by their preferred name or be fired. The teacher resigned and sued. Did he win?

Don't Drop the Ball on Documentation


A manager was reportedly fired for “creating a toxic culture” despite having “had consistently positive ratings as a manager from his employees.” The employee alleged “culture was a catchall term to obfuscate their systematic efforts to remove older employees in favor of younger ones.” The fired manager who was 59 was replaced by a 33-year old with no management experience. 

Oops icon. Pop art illustration of oops icon for web
Drawing a line in the sand.  An old metaphor.

FMLA's Bright Line Rule - Is There One?


An employee’s FMLA medical certification indicates the frequency of his sickle cell anemia flare-ups would be twice per month. When the employee’s absences exceeded that number, the employer considered the excessive absences as not FMLA-covered and fired the employee. The employee sued for FMLA interference and retaliation. Did he win?

Got Government Contractors?

DOL's OFCCP Publishes 2025 VEVRAA Benchmark


If you are a covered government contractor and maintain written affirmative action plans, you likely know that this figure is usually published on or about March 31st each year. It is not a mandate or requirement but a goal for the percentage of your workforce that should be protected veterans. This year, however, months have gone by with no update to last year’s figure of 5.2% - until now, that is.


2025 Webcast Series for HR Pros


Subscriptions are still open and available! Subscribe now and still get access to all 11 webcasts for the price of 8, including the handouts and HRCI/SHRM credits.


Same price as last year including the 20% discount, plus an additional discount for groups of five (5) or more!



Click here to check out the 2025 schedule, topics, and to subscribe.

UPCOMING EVENTS is written in white on a black board next to a phone_ notepad_ glasses_ pencils and a green plant.

They're Baa-aack!


The public speaking schedule is ramping back up! Ten (10) events in September & October - seven public and one FREE! Here's a few in September.


This publication does not constitute the rendering of legal advice. Please consult your company's legal counsel for guidance on any matter. 

FiveL Company | info@FiveL.net | www.FiveL.net

STAY CONNECTED
LinkedIn  Twitter