If a tree falls in the forest and no one is around to hear it, does it make a sound? I don’t intend this blog post to answer that question specifically. However, there is an employment law analogy that I will address today. Plaintiffs alleging they suffered a hostile work…
I had planned to blog about this Fifth Circuit decision for a while. The appellate court concluded that a plaintiff who had pleaded that his supervisor directly called him a “Lazy Monkey A__ N___” in front of his fellow employees stated an actionable claim of hostile work environment. But then…
As a lawyer, a mediator, a workplace investigator, and a blogger, I’ve seen my fair share of employees claiming that someone(s) subjected them to a “hostile work environment.” But here’s the thing. Unless the behavior about which the individual complains is based on that person’s protected class, the law won’t…
What I’ve got for you today is another hostile work environment decision. But, unlike yesterday’s general civility code violation, well short of the pervasive or severe behavior that could interfere with an employee’s working conditions, today’s is a doozy. We’re talking about four instances of racial harassment: an offensive note,…
On Monday, I blogged about a weekend incident in which New York Yankees third baseman Josh Donaldson and White Sox shortstop Tim Anderson in which Mr. Anderson claimed that Mr. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson. Mr. Donaldson admitted calling Mr. Anderson…
During the third inning of Saturday’s game between the Chicago White Sox and the New York Yankees, Yankees’ third baseman Josh Donaldson and White Sox shortstop Tim Anderson had to be separated after an exchange of words (and some earlier in the game) in which Mr. Anderson claimed that Mr.…
Hopefully, this question doesn’t have you clutching your pearls. I assume that your business has both an anti-harassment policy and regular training. But some of your employees are jerks. Some use foul language, make rude comments, and even cross the line into behavior that may foster a hostile work environment,…
On Friday, the U.S. House of Representatives passed a bill to prohibit discrimination based on an individual’s texture or style of hair with a vote of 235-189. It’s called the “Creating a Respectful and Open World for Natural Hair Act of 2022” or the “CROWN Act of 2022,” and you…
It wasn’t long ago that the U.S. Equal Employment Opportunity Commission noticed a spike in reports of mistreatment and harassment of Asian Americans and other people of Asian descent during the COVID-19 pandemic. Before that, when many Americans clamored for a wall on the southern border, Hispanic workers in the…
A plaintiff asserting a retaliation claim against his employer must establish three elements: A protected activity (such as complaining about discrimination), A materially adverse employment action (such as a termination of employment), and A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)…