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Articles Posted in Race

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The Employee’s claim: race bias. The evidence: noose, epithets, hooded sheet. The winner: Employer.

How?!?!?!?!? In McKinney v. G4S Government Solutions, Inc. (opinion here), an African-American employee claimed that his employer fostered a racially hostile work environment. Among other things, the plaintiff alleged that: a co-worker used the n-word in his presence; a fire chief told the plaintiff that the company had hired a “colored…

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Why intent doesn’t matter when a white guy gifts watermelon to his black co-workers. Or does it?

The Evil HR Lady, Suzanne Lucas, beat me to it. On Tuesday, Suzanne wrote here about a volunteer firefighter, who is white. And that white firefighter brought a watermelon to the fire station as a gift for his co-workers. According to this Fox 2 report, 90 percent of his co-workers are…

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Local union throws flag on Dallas Cowboys’ owner’s threat to bench players who disrespect the U.S. flag

Humility is not my middle name. Actually, it’s “Hercules.” (It’s not Hercules). But, it’s not “Humility” either and I rarely turn down the opportunity to say, “I told you so.” So, remember when I told you a few weeks ago how NFL owners would have a tough time legally firing…

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The power of diversity, dignity, and respect over discrimination #MondayMotivation

Oh, do I have some Monday Motivation for you! Last Friday, I spoke at an HR conference about the EEOC’s latest enforcement trends. Part of the discussion addressed stereotyping. That’s because the 2017-2021 Strategic Enforcement Plan for the U.S. Equal Employment Opportunity Commission focused on addressing discrimination based on employees’ perceptions of others.…

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No, President Trump, NFL owners cannot legally fire players that #TakeTheKnee

And it has nothing to do with the First Amendment and freedom of speech. ICYMI, some NFL players decided to protest during this week’s games. On September 23, at a rally for Alabama Republican Senate candidate Luther Strange, President Donald Trump called upon National Football League owners to fire NFL players…

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Employee free speech on social media? HA! HA! says federal appellate court

Remember when I told you (in this blog post, this article, and this tv interview) that private-sector employees have no First Amendment right, while government employees have limited free-speech rights? I lied. Actually, I was telling the truth. Today’s blog post proves that. Michael Todd Snipes was a law enforcement officer…

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Yes, you may have discriminated against your employee by denying his lateral-transfer request

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…

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How would you respond if your employee was photographed marching in Charlottesville over the weekend?

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…

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Free speech at work and protected concerted activity are burning up the hot stove this week!

The heat is most definitely on. Google and the myth of free speech at work. So, have you heard the news about the Google employee — well, now ex-Google employee — who authored and posted a diversity (anti-diversity?) memo to the company intranet. Yeah, that didn’t go over so well.…

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Third Circuit: A single slur – just one bad word — can create a hostile work environment.

For the first time, the Third Circuit Court of Appeals has recognized that “an extreme isolated act of discrimination can create a hostile work environment.” Yep, one word can cost you many dollars! In this particular case (Castleberry v. STI Group; opinion here), the plaintiffs claimed that, when working on a…