What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work? What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California? And…
Articles Posted in Race
5 takeaways from the EEOC’s new guidance on use of criminal records
Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…
Even a voluntary demotion can lead to a retaliation claim
A maintenance mechanic in Illinois received 28 disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination. On the advice of his union…
Is a workplace “English-only” rule legal?
Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination. But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump… In a recent NJ case, the…
What’s cookin’ in celeb chef Paula Deen’s kitchen? Discrimination?
Allegedly, of course. Say it ain’t so, Paula. RadarOnline.com reports here — how many times to I get to type that?!? — that a former employee of one of Paula Deen’s restaurants has accused both the TV chef and her brother of race discrimination and sexual harassment. You can find…
Pepsi and Criminal Background Checks: Beyond the Buzz
Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on…
This is why HR should timely document employee issues
Last week, a federal appellate court (here) allowed a white assistant manager to pursue claims of reverse race discrimination against a bank because the reasons that the bank offered to the court for firing the plaintiff did not jibe with the documentation in its own file. Oh, wait a minute,…
Fail! NYU prof fired for giving actor James Franco a “D”?
I need to come clean with y’all. TMZ.com is one of my guilty pleasures. Don’t hate! And you should have seen the beaming smile on my face on Monday when when I got some blogging gold as TMZ ran a story about a former college professor at NYU who claims…
Uneven discipline can lead to big headaches and bigger lawsuits
A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. Is that right? Can…
Third Circuit delivers a cat’s paw gouging to employers
Note: The original working title for this post was “Yo! A-Yo! Federal courts in Philly and NYC get all catty and stuff”. I mention this not because it’s a recycled New Yorker headline, but because it puts into context the gratuitous shots I take at NY sports teams sprinkled into…