Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity. It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great. But what…
Articles Posted in Race
Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. I did that last night when I read this Minnesota…
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably. The Seventh Circuit concluded that a white man who was fired for effectively stealing from…
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.” Let’s test that theory today. Honest to a fault. The plaintiff in this case worked for a credit union. The…
82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals
In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Specifically, you had to decide whether a white utility water meter reader who was fired for inaccurately reporting homeowners’ water meters was “similarly situated” to a black coworker who was not fired even…
Are these two employees comparable? Today, you be the judge to help decide this discrimination case.
A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. In support of his claims, the plaintiff compared himself to a black coworker who was not fired even though he started work late,…
A six-year-old can create a hostile work environment. Wait, what?!?
In my many years of practicing employment law, I’ve seen hostile work environment accusations leveled against owners, supervisors, co-workers, subordinates, customers, vendors, and many others. But accusing a young child of racial discrimination is a new one for me. In this case, the plaintiff alleged that she was subjected to…
‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit.
You guys remember ‘Central Park Karen,’ right? I wrote about her last year. ‘Central Park Karen’ (not her real name) is a white woman who worked as a portfolio manager for an investment company in New York. That is until a video went viral on social media. That video depicted…
The customer isn’t always right — especially when they are OUTRIGHT RACIST!!!
Jerk employees are responsible for creating most of the hostile work environment claims I get hired to defend. But companies must act quickly to prevent workplace discrimination, regardless of the source. A new lawsuit that the U.S. Equal Employment Opportunity Commission just filed serves as a good reminder for employers.…
Hostile work environment claims are often like trees falling in the forest
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…