Articles Posted in Discrimination and Unlawful Harassment

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When defending against a woman’s sexual harassment claim, I’ve found that “she was asking for it” is generally a bad defense. So bad, in fact, that you may just want to whip out the old checkbook instead.

Another crappy one, apparently, is trying to convince a judge that an industrial workplace setting is carte blanche to knuckle drag and generally act like pigs.

Also known as the “blue collar” defense.

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Yesterday, I read this story from David Moye on Huffington Post about a young Jewish girl’s birthday party at which the guests — friends of the birthday girl — were allowed to frost cupcakes. Well, it seems that two of the party guests decided that it would be funny to frost a chocolate swastika into their cupcakes and upload photos to Snapchat.

The mortified mother of the birthday girl called it a “teachable moment” about the horrors of the Holocaust, which, ironically, the swastika frosters had just learned about in school.

So, what does this have to do with your workplace?

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15134666_10211113956554522_6034991348075713081_nThe good news for this employee is that her viral Facebook post earned her an award.

The bad news is that the “award” was “Racist of the Week.”

The ugly news — well, other than the post itself — was that the employee lost her job and likely impaired her ability to find similar employment anytime soon.

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salt shakerAre you guys old enough to remember that old NFL Films Dial ‘M’ For Moron bit? What can I say? I’m a sucker for the classics.

Well, it’s all I could think of after reading this EEOC press release, highlighting a recent race discrimination and retaliation action against a car dealership because it did the equivalent of Dial ‘M’ For Moron.

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Nelson haa haas Homer

About a week ago, I read an article on The Players’ Tribune from Arizona Cardinals running back David Johnson. It’s called “Let’s Talk About Bullying,” and you can read it here.

Imagine this from a 6′ 1″, 225 lb. professional football player:

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