Allow me to explain. When is a lateral transfer a discrimination lawsuit? [cue music] Today’s lesson comes from the DC Circuit’s recent decision in Ortiz-Diaz v. HUD. Here’s how the appellate court summarized the facts and issues: Samuel Ortiz-Diaz was a criminal investigator in the Office of the Inspector General at the…
Following a tumultuous weekend in Charlottesville, VA, where a white nationalist march turned deadly, it appears as though at least one attendee will return home from the rally to find himself unemployed. “Unite the Right” attendees are getting outed on social media and apparently losing their jobs. Seth Millstein at…
As you’ll find out down below, “Minnesota nice” only goes so far dontchaknow. And, to think I almost bought this shirt in MSP last week. Aw shucks. I regret not buying that shirt. It’s kitchy. Shoot. Overall, I really like Minnesota. I mean, where else will the ticket-takers at an NFL…
A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work. On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National…
Remember Hank the Septopus from Disney’s Finding Dory? I found his missing tentacle. And, my son ate it! Let’s hear it for the boy! Other highlights of Day 3 (Epcot) of the Disney sojourn with the family: Breakfast with many princesses: Cinderella, Sleeping Beauty, and Belle among others. Anna was taken with…
A photo posted by Eric B. Meyer (@eric_b_meyer) on Nov 20, 2016 at 1:31pm PST Sorry about missing yesterday. I was recovering from a nose bleed and some hurt feelings. I have freebie for you today to make up for it. Then again, every day is a freebie. Three resources…
I feel naked. And, I have the vapors. Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching. Evidence is evidence. Someone once described the Seventh Circuit Court of Appeals to me as a maverick court. Like the kinda court that goes to Morton’s The Steakhouse and orders a Grilled Chicken…
Kinda like this blog. I’d settle for a sandwich to call it even. Maybe some ketchup packets. Late last week, the EEOC announced here that, for the first time in 14 years, the agency in charge of enforcing federal anti-discrimination laws will update its current guidance on national origin discrimination. Actually, it…
Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million. Cue mildly inappropriate music. Kurt Orzeck at Law360 reports here (subscription required) about a recent settlement — actually a consent decree — entered into between a North Dakote employer and a Filipino employee who sued…
If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment. So, what if… nepotism motivates an employment decision, which involves favoring one nationality over another, then does national origin motivate the employment decision? Or, put another way: could nepotism violate Title VII? No, nepotism does not…