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It’s very well settled law that accommodating a customer’s preference to be serviced by employees of a particular race is, well, racist. A few weeks ago, this situation arose with a Lowe’s store in Virginia. A CBS affiliate reported (here) that a white Lowe’s customer refused to accept a delivery from a black Lowe’s deliveryman. According to the report, the customer specifically asked Lowe’s not to send a black delivery person. The customer told the CBS affiliate that “she had the right to have whatever she wanted and she did not feel bad about making the request for a white driver.”

Unfortunately, the story indicates that the store manager accommodated the customer by sending out a white driver instead. However, after the incident was reported to corporate, the company issued a statement denouncing the “discriminatory delivery request” as “inconsistent with our diversity and inclusion core values.” Lowe’s also terminated the store manager’s employment.

Employers are responsible for taking reasonable steps to maintain a workplace that is free from discrimination and unlawful harassment. Responsible companies have handbooks, policies, and training to help accomplish this. But, just remember that folks like customers, vendors, and the like are part of the workplace too. So, remind your workforce — especially your managers and supervisors — not to tolerate behavior that wouldn’t otherwise be condoned if displayed by an employee.

Image Credit: “2008-11-10 Lowe’s Home Improvement Warehouse in Chapel Hill” by Ildar Sagdejev (Specious) – Own work. Licensed under GFDL via Commons.

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The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up at night.

(Me? I sleep comfortably on a pile of money on top of another pile of money. Thanks for asking.)

P.S. – Special shout out to my little guy Pierce, who turns three today. May next year bring him his first body bopper victory over his older sister.

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I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy to report that the Eagles won, and, to the delight of the intoxicated masses who hung around in the fourth quarter — most everyone but me and my son — Tim Tebow scored a touchdown.

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Jobs Help Wanted

CareerBuilder has released the 2015 edition of its “Biggest Resume Blunders” Survey. You know, about that seventh bullet. I was positive that I’d changed my email address before submitting that resume to NASA. Oh well. Their loss.

Here’s the full list:

  • Applicant claimed to be a former CEO of the company to which they were applying.
  • Applicant claimed to be fluent in two languages – one of which was pig Latin.
  • Applicant wrote “whorehouse” instead of “warehouse” when listing work history.
  • Applicant’s personal website linked to a porn site.
  • Applicant introduced himself [in the cover letter] by saying “Hey you.”
  • Applicant vying for a customer service position gave “didn’t like dealing with angry customers” as the reason for leaving her last job.
  • User name of applicant’s email address was “2poopy4mypants.”
  • Applicant claimed to be a Nobel Prize winner.
  • Applicant claimed to have worked in a jail when they were really in there serving time.
  • Applicant who claimed to be HVAC certified later asked the hiring manager what “HVAC” meant.
  • Applicant said to have gotten fired “on accident.”
  • Applicant claimed to have attended a college that didn’t exist.
  • Applicant for a driver position claimed to have 10 years of experience but had only had a driver’s license for four years.
  • Applicant listed as a reference an employer from whom they had embezzled money and had an arrest warrant out for the applicant.
  • Applicant’s stated job history had him in three different companies and three different cities simultaneously.
Image Credit: neetalparekh on Flickr

[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case].

Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the substantive discrimination provision of Title VII. (The Court did not address the issue of whether a suspension with pay is an adverse employment action under the anti-retaliation provision of Title VII).

The Third Circuit’s holding is in line with several other circuits across the country.

Alright. That’s it. Nothing more to see here. Go enjoy some tunes.

Image credit: GK Tramrunner

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In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did catch my youngest two cooling off in drinking out of puddles on the sidewalk.

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