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Lawyers and HR professionals weigh in on Josh Donaldson’s ‘Jackie’ comment. So does Major League Baseball.

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…

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What should Major League Baseball do about a white baseball player calling a black player ‘Jackie’ [Robinson]?

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.…

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When do N-words and sex jokes NOT create a hostile work environment?

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,…

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A bill to end hair discrimination takes another step towards becoming federal law.

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…

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You can stand with Ukraine. Just remember to stand up for your Russian employees too.

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…

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Without this key element, you can kiss that retaliation claim goodbye

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)…

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NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination

Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.…

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VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.

Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Mr. Flores, the former head coach of the Miami Dolphins, claims that the Miami Dolphins, New York Giants, and Denver Broncos…

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Employer wigs out over an African American employee’s hair; EEOC claims race discrimination

Image Credit: Wig by Daniela Baptista from the Noun Project In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women —  receive unfair treatment based on inherent hair texture and protective hairstyles, like braids,…