Race Category Archives — Page 19 of 23 — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

Can the NAACP legally fire Rachel Dolezal? Here’s an employment lawyer’s take.

June 15, 2015 | by Eric B. Meyer

Late last week, Rachel Dolezal, the President of the Spokane Chapter of the NAACP and a leader in the black community, was outed by her parents as being white.

The controversy caught a lot of people by surprise, most notably, the Spokane Chapter. Amidst a flurry of activity over the weekend — just check your Facebook and Twitter feeds — Ms. Dolezal planned to address the issue at a monthly meeting tonight. However, the Spokane Chapter announced on its Facebook page that the meeting would be postponed “to continue discussion with regional and national NAACP leaders.”

Now, what if this discussion consummated in firing Ms. Dolezal? Would that be legal? Continue reading

Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech.

June 10, 2015 | by Eric B. Meyer

An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee.

So, what would compel an Administrative Law Judge to require that the company reinstate him? Continue reading

How 2 racial slurs in 24 hours can create a hostile work environment

May 11, 2015 | by Eric B. Meyer

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment.

Yeah, about that.

Even a few isolated comments can create a hostile work environment.

In Boyer-Liberto v. Fontainebleu Corp. (opinion here), the full panel of the Fourth Circuit Court of Appeals concluded that two aggressive racial slurs made to an employee within a 24-hour period, may create a hostile work environment. (Here, the plaintiff, who is African-American, was twice called a “porch monkey.” And, each time, the harasser threatened the plaintiff).

A white employee tossed banana peels at work, and HE claims discrimination. He might WIN too.

April 8, 2015 | by Eric B. Meyer

Where do I find these cases, you ask? ~~Well, I sold my soul, and a stack of Billy Ripken baseball cards, to the devil a long time ago.~~ I ain’t telling.

But seriously, this case isn’t so much about the particular facts…

White employee tosses banana peels at work
Black employees complain of racism
Investigation ensues
White employee is forced to resign

…as it is about making sure that all involved know why an employee is being fired, and can articulate those reasons consistently. Continue reading

I was right. This appellate court employment-law decision was one of the worst of 2014.

January 13, 2015 | by Eric B. Meyer

About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position).

Now, if you read the comments on my post, you’ll see that some of my readers took issue with my analysis of the case.

Well, I see your comments and raise you a scathing Justice Alito dissent from the United States Supreme Court’s denial of certiorari:

The employer who wanted to “bring color” into the workplace; brought lot$a green to the plaintiff instead

October 22, 2014 | by Eric B. Meyer

I’m talking about a $620,000 jury verdict and nearly $165,000 in attorney’s fees.

Let’s discuss reverse-race discrimination after the jump…

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The one thing HR can’t afford to do if an employee reports a noose

October 17, 2014 | by Eric B. Meyer

One employer appears to have screwed up royally. Click through to find out how.

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How swift response to racial slurs and graffiti defused a discrimination claim

September 12, 2014 | by Eric B. Meyer

You have an employee handbook, an anti-harassment policy, training, the whole nine.

But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class].

All the prophylactic measures you’ve already installed mean nothing unless you respond to that complaint appropriately.

See how one company did it right, after the jump…

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Inappropriate Facebook videos, comments doom an employee’s discrimination claims

August 4, 2014 | by Eric B. Meyer

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too.

Yep, another employee screwed up online. Go figure.

Black man claims a paint company’s paint is racist and he was fired for complaining

June 30, 2014 | by Eric B. Meyer

The Benjamin Moore color gallery contains, among others, Clinton Brown and Tucker Chocolate.

My virgin ears! I mean, how racist can you get?!? Or, so says Clinton Tucker, a former Benjamin Moore employee, who filed a complaint in New Jersey state court in which he alleges that these paint names are hella-racist.

According to Courthouse News Service (here), Tucker says that “being a black man named Clinton Tucker, the plaintiff found this to be extremely racially offensive.”