Articles Posted in Race

New York Giants logo

Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons

Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.

Of the race discrimination claims against the three football teams, we concluded that the one against the NY Giants seemed the strongest (relatively). Last night, the NY Giants responded — to Mr. Flores, not my partner and me — with a statement explaining why they believe that Mr. Flores’s claims against the team have no merit.

Let’s take a look.

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In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women —  receive unfair treatment based on inherent hair texture and protective hairstyles, like braids, locs, and twists. Why, yesterday, Tempe became the second city in Arizona to pass a hair discrimination ban.

There’s nothing explicit under federal antidiscrimination law, like Title VII, that outlaws hair discrimination. But, that hasn’t stopped the EEOC from pursuing related claims for race discrimination. Continue reading

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Fast food

Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons

Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Continue reading

Ice cream with whipped cream, chocolate syrup, and a wafer (cropped)

Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons

You (soft) served up one pun too many, Eric.

Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop.

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Young Black Lives Matter activists are holding a colorful Stop Racism sign (50115127871)

Ivan Radic, CC BY 2.0, via Wikimedia Commons

Imagine a non-union widget factory in which widget makers want to unionize. As part of the unionizing campaign, one of the widget makers decides to wear a vest on which he writes “Widget Lives Matter.” Management is concerned that this vest is racially insensitive, will foster employee dissension, and potentially become a PR nightmare. So, it orders the employee to remove the vest.

Is this legal? Continue reading

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