Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would…
Some people seem to think the workplace is their personal soapbox, where they can broadcast whatever pops into their heads—no matter how offensive, misguided, or just plain dumb. One former employee learned this the hard way when he posted an anti-LGBTQ+ comment on the company intranet, mistakenly thinking it was…
In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Find out why and I’ll throw in a few takeaways about the importance…
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a…
Last night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky terrain of retaliatory harassment and termination claims under Title VII. The former is not something I encounter too often, and there was enough “there there” in this case to send the claim…
Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case where an employee’s choice of attire—or lack thereof—led to a significant legal battle over retaliatory discharge. This recent federal court decision serves as a humorous yet critical reminder of the importance of…
‘Twas two nights before Christmas, in the Second Circuit’s hall, A case was decided, with judges standing tall. A plaintiff determined, with claims in her hand, Against her former employer, she took a firm stand. Her journey began with a trial so grand, Where a jury awarded her a hefty…
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
When an employee complains about discrimination or unethical business practices, there’s often a concern that they’ll construe any subsequent adverse employment action as retaliation. In a decision I read last night, a Michigan federal judge determined that a company had not retaliated against an employee who was fired not too…
In 2015, the U.S. Equal Employment Opportunity Commission determined that a federal agency that denied an employee equal access to a common bathroom/facility corresponding to the employee’s gender identity discriminated based on sex and could not restrict a transgender employee to a single-user restroom. About five years later, the Supreme…
