In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health…
The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher in Central Park went viral, was at it again. This time, appealing the “L” she took from a New York federal court in a race discrimination and defamation lawsuit against her…
Ok, the Sixth Circuit Court of Appeals’ opinion wasn’t quite that colloquial when questioning the trial judge’s analysis. However, I’ll explain why the appellate court concluded that a jury should decide whether a black tool crib operator who testified that numerous coworkers used the N-word routinely while he was around…
Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have…
On April 10, 2023, Sixth Circuit Court of Appeals Judge Amul R. Thapar offered his two cents on the role the federal courts should have in second-guessing the business judgment of companies making hiring decisions: Ignoring decades of precedent, the majority opinion imposes a rule requiring employers to favor credentials over relevant…
Over the weekend, several news outlets ran this story about a white television news anchor in Mississippi who went viral for using one of rapper Snoop Dogg’s catchphrases, “Fo shizzle, my nizzle,” during a live broadcast. This unexpected comment appeared to stun the station’s meteorologist, who is black. Just look…
When employees allege discrimination, they must prove an employer’s discriminatory motive and connect it to a particular adverse employment decision. An adverse action requires evidence of a significant change in employment status, benefits, or pay. Usually, the proof comes in the form of failure to hire, a firing, failure to promote,…
A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed. After an uncomfortably long pause, I went back to drafting the…
Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in severance agreements that businesses give to rank-and-file employees are unlawful. Yesterday, the Board made headlines again by releasing this Advice Memo in which it concluded that employees who engage in group discussions about issues of…
After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a Registered Nurse (RN) at a hospital and, instead, transferred into a lower-paying position at another facility that the same employer operated. The woman — we’ll call her “Plaintiff” as we usually…