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Articles Posted in National Origin

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Filed under “duh”: Throwing paper clips at work undermines a retaliation claim. Secretly filming your boss doesn’t help either.

Some employment cases turn on close calls, messy comparators, or shaky documentation. This one turned on something simpler: an employee who admitted to a string of workplace misconduct and still tried to turn the termination into a discrimination, retaliation, and hostile-work-environment case. TL;DR: An Illinois federal court granted summary judgment…

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When Pro-American Bias Violates Title VII: The EEOC’s New National Origin Materials Cut Both Ways

    The EEOC just refreshed its national origin educational materials. They focus on anti-American discrimination. But turn the examples around and you see an equally important point: pro-American favoritism can violate Title VII too. TL;DR: Title VII protects all national origin groups. The EEOC’s new guidance spotlights discrimination against Americans,…

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What employers can learn from the EEOC’s own discrimination case

When the agency that enforces the nation’s anti-discrimination laws ends up defending one of its own under Title VII, that is not just newsworthy. It is a lesson for every employer about how bias, inconsistency, and poor process can sneak into even the most compliance-minded workplaces. TL;DR: A federal judge…

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What happens when a nurse tests positive for opiates, claims bias, and sues under four different statutes?

Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids…

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Five lessons for employers from a high-stakes performance review dispute

  A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…

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Bias by Vibe: Why Stereotyping the Employer Backfires—Even in California

  You’ve trained your managers to avoid bias. But what happens when an employee tries to win a lawsuit by flipping that logic—stereotyping the employer instead? One California court just had a firm answer: Nope. TL;DR: A university employee sued for discrimination after not receiving a permanent promotion. The court…

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Fired Over $15. Or Was It the HR Complaints?

Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages,…

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Rubber-Stamped and Still Liable: The Hidden Danger of Delegated Discipline

Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. TL;DR: The Ninth Circuit reinstated a discrimination claim after finding…

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“Anti-American” Bias in Hiring? The EEOC Says It’s Watching

Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. The email contained a press release in which Andrea Lucas, Acting Chair of the EEOC, made it clear that the agency is cracking down on discrimination against American workers. Here is her…

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Oh, you think you know retaliation, do you? Wait until you see this.

Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. According to the EEOC’s lawsuit, the general manager complained to the company’s Acting Chief…