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The Employer Handbook Blog
Articles Posted in Race
Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.
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?
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?
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.
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
How did a white man convince a jury to award him over $10M for race and gender discrimination?
In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and gaining national recognition for himself and the marketing program he developed.
And then, seemingly out of nowhere, he was fired. Continue reading
Have you ever heard of an “intersectional” discrimination claim?
A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.
Whoa, whoa, whoa! Hold up. Continue reading
Hair discrimination isn’t unlawful. But, firing a black employee because of her natural hair texture is.
Congress has considered legislation several times that would prohibit employers from discriminating based on an individual’s hair texture or hairstyle if that hair texture or that hairstyle is commonly associated with a particular race or national origin.
But it has never passed.
Why? Because many believe that this law is unnecessary since Title VII of the Civil Rights Act of 1964 already forbids discrimination based on race and national origin. Continue reading
In rejecting an employee’s claim that DEI training fostered a hostile work environment, a federal appellate offered a stern warning to employers
Earlier this year, I wrote about a white employee in Colorado who claimed his former employer subjected him to a hostile work environment by requiring him to attend anti-harassment training.
Is it racist to falsely accuse someone of being a racist?
Let’s explore whether Title VII of the Civil Rights Act of 1964 protects employees against accusations of racism.