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The Employer Handbook BlogEmployee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
Articles Posted in Race
A company supposedly awarded a black employee a trophy for “Least Likely to Be Seen in the Dark.” WTH?!?
Some people in Dallas do some dumb stuff.
For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!
But not as nuts as what I’m about to tell you.
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
“Vague and conclusory” allegations are not enough to pursue claims of discrimination in court.
Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.
Except when all you plead are “vague and conclusory” allegations.
Did you know that companies can sue for race discrimination too? (And potentially win.)
I’ve been practicing law for over 20 years, and I must concede that I did not know this.
Here’s how it works. Continue reading
An employee couldn’t show that ending her temporary position was discriminatory. I wonder why…
If it walks like a duck, quacks like a duck, and swims like a duck, it’s probably a duck.
Hold that thought while I tell you about someone who probably wouldn’t believe me. Continue reading
In some places, federal antidiscrimination laws are much broader than you may realize
Last night, I read about a black female educator and school administrator who claimed that her employer agreed to pay for her to attend a training session but later reneged, instead offering to pay for her to attend in two years. So, she paid for it herself.
And then she sued her employer. Continue reading
Did you know that a bird — a macaw, specifically — can create a hostile work environment?
Last year, the U.S. Equal Employment Opportunity Commission sued a long-term care facility claiming that certain White patients/residents repeatedly directed offensive racial slurs at black nurses and nurse assistants, including “n—-r,” “coon,” “monkey,” and “Black b—–s.” One patient repeatedly told Black employees to “go back to Africa,” followed Black employees throughout the facility to racially berate them, and physically assaulted Black employees because of their race.