Articles Posted in Race

A coworker’s racist, sexist, and homophobic comments weren’t enough to create a hostile work environment. Here’s why.

November 13, 2024 | by Eric B. Meyer

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Employers don’t have crystal balls.

Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but failed to take prompt and adequate remedial action. It’s otherwise known as respondeat superior liability.

Court to white plaintiff: diversity does not equal discrimination

November 5, 2024 | by Eric B. Meyer

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An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. Continue reading

Wait until you see how EASY it is to plead a claim of discrimination in federal court

October 24, 2024 | by Eric B. Meyer

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A recent Eleventh Circuit decision serves as a sobering reminder to employers why a plausible claim — a mere inference of bias – is all it takes for a plaintiff to pursue discrimination claims. Continue reading

It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.

September 5, 2024 | by Eric B. Meyer

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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. Continue reading

This, if true, is what we call direct evidence of race discrimination

August 6, 2024 | by Eric B. Meyer

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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. Continue reading

Two white men suing for discrimination got called out for a “serious misunderstanding of the law or its purposeful misapplication.”

August 5, 2024 | by Eric B. Meyer

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They lost.

Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.

July 16, 2024 | by Eric B. Meyer

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Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading

Is it worse to smoke a cigarette in a tanker truck carrying highly flammable substances or drive it recklessly?

June 6, 2024 | by Eric B. Meyer

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A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his employer to terminate his employment for it deemed reckless driving. His evidence? His employer had treated him differently than other tanker drivers who engaged in conduct that was similar enough to his.

So, let’s explore how other employees may be similarly situated to one another in the context of a discrimination claim. Continue reading

Can a single incident that the plaintiff doesn’t witness create a hostile work environment?

May 20, 2024 | by Eric B. Meyer

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A single incident, like a supervisor calling a black employee the “n” word, may be enough to create a hostile work environment. But what if the victim doesn’t witness it? Continue reading

Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.

May 13, 2024 | by Eric B. Meyer

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An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it.

I’ll explain. Continue reading

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