Close

Articles Posted in Race

Updated:

Racist code names for customers are bad. And, so is firing someone for complaining about it.

These are the key allegations underpinning ***Googles “underpinning”*** yes, underpinning a complaint filed in California against luxury retailer Versace. Tell us more, Mayra Cuevas reporting here at CNN.com: Can you fire employees for complaining about discriminatory treatment of customers? No, dude. Title VII of the Civil Rights Act of 1964 protects employees who…

Updated:

Bad things often happen when employees feel they have to resort to self-help

Like one-man bands. Or, retaliation lawsuits, for example. Ms. Nuness is our plaintiff in this case. Ms. Nuness alleges that she is a female African-American who worked for her former employer for about 14 months. During her employment, the plaintiff worked alongside a male Caucasian co-worker who had been counseled, from…

Updated:

Company tried to “sprinkle a little salt” on its worksite; pays $50K to the EEOC.

Are you guys old enough to remember that old NFL Films Dial ‘M’ For Moron bit? What can I say? I’m a sucker for the classics. Well, it’s all I could think of after reading this EEOC press release, highlighting a recent race discrimination and retaliation action against a car dealership because…

Updated:

Cut your hair, Mattingly!

On Saturday, I ran — and I use that term, “ran,” generously — my first Spartan Race. Maybe, the better past-tense verb is “completed.” But, I’ll take it. What the heck does Don Mattingly have to do with employment law? About a quarter-century ago, the New York Yankees benched first baseman…

Updated:

Soon, all employers may be forbidden from asking about a job applicant’s salary history

Last month, Massachusetts passed a new law, which will take effect in July 2018, and make it illegal for employers to ask about a job applicant’s salary history before making an offer of employment.  As Stacy Cowley at The New York Times reports (here), the impetus for the new law is to…

Updated:

A white guy threatened to kill co-workers, got fired, and claimed discrimination. How’d that turn out?

If you were thinking, “Not well,” well, give yourself a gold star and a pat on the back. Then, register here for a free interactive webinar, “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA,” that I’m presenting with Cigna’s Robyn Marino, Esq. on Wednesday, August 24, 2016 12:00 – 1:00 PM ET. Did I mention that it’s…

Updated:

Company pays $250K to settle employee’s bias claim. The one where his manager maybe peed on him.

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…

Updated:

Can a supervisor’s racist comments — after a firing — support a plaintiff’s bias claim?

What would happen if you punched your boss in the face? Wait! Don’t answer that. Ok, allow me. You’d get fired. But, what if, after you get fired, your boss calls you an awful racist/religious/sexist/”you name it” slur? Could it be reasonably inferred retroactively that bias motivated your firing? According to this recent…

Updated:

Your temporary workers can probably sue you for discrimination

Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination. In a word, yes. Well, actually, ***…

Updated:

Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment

https://www.flickr.com/photos/28385889@N07/4065494694 That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk. But, at least I’m not at risk of creating a hostile work environment. Well, well, Private Joker, I don’t…