Articles Posted in Discrimination and Unlawful Harassment

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One Misstep Cost This Employee His Accommodation—and His Case

A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. What the Law Says Under…

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No Women Allowed? That’ll Cost You $1.6 Million

Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be…

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Retaliation, Racial Slurs, and HR Failures: An Employer’s Roadmap to a Jury Trial

Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would…

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This University Was Sued Over Antiracism Training—Here’s Why the Court Dismissed It

About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. In his complaint, the professor alleged that he had to attend conferences or…

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Was This an Example of “Illegal DEI”? We’ll Never Know For Sure.

Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from…

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Believe It Or Not: Atheists Can Have Religious Discrimination Claims Too

Religious discrimination laws protect more than just those who attend church, temple, or mosque. Did you know that they also protect those who don’t subscribe to any religious belief at all? A recent lawsuit in Colorado alleges that atheists, too, can face workplace discrimination—and that’s just as unlawful as treating…

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No, Your Religion Doesn’t Justify Workplace Bigotry—And, No, the Supreme Court Won’t Save You

Some people seem to think the workplace is their personal soapbox, where they can broadcast whatever pops into their heads—no matter how offensive, misguided, or just plain dumb. One former employee learned this the hard way when he posted an anti-LGBTQ+ comment on the company intranet, mistakenly thinking it was…

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Not Digging Deep Enough? The Dangers of Mediocre Workplace Investigations

In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Find out why and I’ll throw in a few takeaways about the importance…

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Pro Tip: If You See a Gun at Work, Don’t Wait Three Days to Tell Someone

Especially if you’re gonna claim discrimination when you eventually get fired. That’s among the takeaways from a recent federal appellate court ruling reinforcing the importance of enforcing workplace policies, particularly those related to safety. What Happened? A logistics manager was fired after failing to follow company policy when another employee…

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AI Predicts Unanimous Supreme Court Ruling on Workplace Discrimination

Yesterday, the Supreme Court heard oral argument in Ames v. Ohio Department of Youth Services, a case where a heterosexual employee claimed her employer discriminated against her in violation of Title VII of the Civil Rights Act of 1964. The key legal question isn’t whether she has a claim but…