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Articles Posted in Discrimination and Unlawful Harassment

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“Younger people are the future” comment creates age-bias claim

Hey Employers! Want to guarantee yourself a jury trial in an age-discrimination case? Just mention the word “younger” to any employee age forty or above right around the time you fire him. [Editor’s Note: Calling that employee an “old man,” “old fart,” “pops,” and “grandpa” will also do the trick…

Posted in: Age
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Boy meets girl, dates girl, breaks up, calls girl “whore,” gets fired, sues for discrimination

Image credit: atom.smasher.org, licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License. When a male employee texted his female co-worker and former girlfriend that she was a “whore” and later ignored two protective orders that the female co-worker had taken out against him, I wonder if he was thinking, “Maybe,…

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That’s what he said: SCOTUS hears argument on who is a “supervisor”

Maetta Vance, the only African-American working in her department at Ball State University, claimed that she was subjected to both race discrimination and retaliation. Vance later sued and lost because she could not establish employer liability, which, in turn, depended on whether the alleged harassment was perpetrated by supervisors or…

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The most blunt same-sex sexual harassment judicial opinion…evah!

So captivating that, at 35 pages long, it held my attention for 24 of them. Winning!  I’ll whet your whistle with the opening paragraph of EEOC v. The McPherson Cos., Inc.: This Title VII case revolves around repeated churlish, childish, gross, sordid, vulgar, foul, disgusting, profane utterances in the workplace.…

Posted in: Sex
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Employment Law Blog Carnival: Hollywood Casting Call Edition

Welcome everyone to the Employment Law Blog Carnival: Hollywood Casting Call Edition. [Editor’s Note: The original theme for this post was the “Employment Law Blog Carnival: Sex, Drugs, and Rock & Roll Edition.” I had this bright idea to begin by cutting and pasting the lyrics to Guns N’ Roses’ “My…

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Obama’s re-election evokes ugly Facebook-racism from some employees

To all the haters of social-media policies: If nothing less, the social-media policy reminds employees that if they act the fool online, it may impact their standing in the workplace, and, ultimately, cost them their jobs. Some employees, however, are just so ignorant. Thus, I doubt that any employer policy…

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2 tips to help your social media policy withstand NLRB scrutiny

Notwithstanding three social media advice memoranda, and another ruling from the National Labor Relations Board slamming Costco’s social media policy, you’d think employers would have a better idea how to revise their social media policies so as not to risk violating the National Labor Relations Act. Well, not so much.…