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Articles Posted in Discrimination and Unlawful Harassment

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Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?

Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. The EEOC newsroom is usually full of great blog fodder, and this press release about a recent $60,000 settlement of a unique retaliation lawsuit scratched my itch. According to the EEOC, it sued an employer…

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Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″

Are you ready for the employment law changes that 2023 has in store for your company? If you’ve been thinking about updating your employee handbook and onboarding documents but don’t know where to begin (or end), we’ve got you, fam. Join me and my employment law partners, Christina Bost Seaton,…

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Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law

Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I’ll offer a brief history lesson. In July 2021, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was introduced in the U.S.…

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Now, here’s how you REALLY compare two employees in a discrimination lawsuit

During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably. The Seventh Circuit concluded that a white man who was fired for effectively stealing from…

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Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.

As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial. But plot twist! He didn’t. “I feel like you are racially discriminatory towards me.” The plaintiff, a black man, worked daily with the defendant’s President and Owner. One…

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Five fantastic resources to help your business address antisemitism in the workplace

I read a survey last night that blew my mind 🤯 In November, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views of Jewish individuals and their perception of antisemitism in the workplace. Of those surveyed – remember these are the people making the hiring decisions — 29%…

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82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals

In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Specifically, you had to decide whether a white utility water meter reader who was fired for inaccurately reporting homeowners’ water meters was “similarly situated” to a black coworker who was not fired even…

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Are these two employees comparable? Today, you be the judge to help decide this discrimination case.

A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. In support of his claims, the plaintiff compared himself to a black coworker who was not fired even though he started work late,…

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Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)

Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. To remedy that, you must promise to pay me $100 if you keep reading…