Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event. Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior…
Articles Posted in Discrimination and Unlawful Harassment
Can you eliminate discrimination claims by hiring minority replacements?
Yeah, no. When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements: For example, in a failure-to-promote case, at a minimum, the plaintiff must establish four things: (s)he belongs to…
Did one court really just conclude that HIV is not an ADA disability?
Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is…
Just give him the chair. It’s that easy.
Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of…
Your temporary workers can probably sue you for discrimination
Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination. In a word, yes. Well, actually, ***…
Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!
I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah… Ok, not exactly. According to the Fifth Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority (opinion here), it went more like this: Tyrikia Porter worked for the Houma Terrebonne Housing…
It’s another “when a hostile work environment isn’t a hostile work environment” post
Second verse, same as the first. (But read it anyway to pad my blog stats, would ya?) All of us have heard the words “hostile work environment” bandied about to the point where the most minor slight in the office can supposedly create a hostile work environment. Well, as a…
Four ways to prevent systemic discrimination in your workplace, before an EEOC charge.
Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it. Quit judging me, would ya? Nothing more to see here. Read on. A week or so ago, Robin…
A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination
Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII. A groundbreaking decision. Yes, late last month, Judge Myron…
Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment
https://www.flickr.com/photos/28385889@N07/4065494694 That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk. But, at least I’m not at risk of creating a hostile work environment. Well, well, Private Joker, I don’t…