I’ve read this post and this post about this recent lawsuit about seven current and former employees who claim they were forced to work with ‘Nazi sympathizers.’ They allege that the company hired and promoted a white employee with a swastika tattoo on his face and ties to a white…
Articles Posted in Hiring & Firing
It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.
I’ll go ahead and file this one under: “Ya think?” But perhaps I’m getting out over my skis. So, let’s see what you think. The employee was a bank teller who filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission against her employer. She later resigned, claiming…
875,000 reasons why the customer isn’t always right
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Two years ago, the EEOC announced that it had sued a staffing company that allegedly honored requests that some business clients made over several years to fill positions with only male workers. The EEOC…
Three reasons why a Texas federal court may block the FTC’s noncompete rule nationwide
At noon ET today on Zoom, we aim to cover everything employers need to know now about the Federal Trade Commission’s blunderbuss Non-Compete Rule. (We may have a few seats left. Click here to register for this free Zoom powered by HRLearns.) If we don’t actually cover “everything” this afternoon, I wanted to highlight here three arguments from a brief…
HR told me I was fired for not losing my religion
Well, not me. But, a former employee claimed it happened to him. So, let’s cue R.E.M. and talk about religious expression in the workplace. According to the complaint filed in federal court, the plaintiff had the chops to succeed at his job. However, a new manager, “by his derogatory language…
“This case arises from a workplace romance.” It began as “an affair” when “they were not yet colleagues, only lovers.”
Kind of sounds like the start of a beautiful movie or novel, doesn’t it? Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and…
An employer that supposedly instructed employees to pray away COVID-19 now must face religious discrimination claims.
Colloquially, today’s topic is “reverse religious discrimination.” But, more accurately, it’s about a claim of “religious nonconformity.” In plain English, what happens when an employee refuses to comply with their employer’s religion? The case involves a video editor who started working for a company in 2019. At first, things were…
This, if true, is what we call direct evidence of race discrimination
Yesterday’s post discussed how direct evidence “proves impermissible discriminatory bias without additional inference or presumption,” i.e., the proverbial smoking gun. But smoking gun evidence in discrimination cases is rare. Employers aren’t out there telling employees that their race will cost them their jobs. Well, most employers, that is. Last night, I…
Two white men suing for discrimination got called out for a “serious misunderstanding of the law or its purposeful misapplication.”
They lost. We’ll get to why in a bit. First, I’ll provide some context. During the plaintiffs’ employment, the defendant received complaints that they were (1) regularly engaging in sexually derogatory commentary, (2) discussing drug use, (3) speaking derogatorily about a transgender employee, and (4) sometimes speaking in a homophobic…
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…