Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…
Articles Posted in Discrimination and Unlawful Harassment
You be the judge: Does this sound like race discrimination to you?
Highway Patrol Images [CC BY 2.0], via Wikimedia CommonsMaybe you’ve been reading this employment law blog for years. Or today could be your first time here. (What took you so long?) You may be a licensed attorney, an HR professional, or just a blog groupie on the dark path to…
Six million reasons to remember that the EEOC continues to take your company’s background checks seriously
By U.S. Government – Extracted from PDF file here., Public Domain, Link On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The EEOC…
Courts don’t second-guess non-discriminatory business decisions. Even the tough ones.
Image by mohamed Hassan from Pixabay There are times when employers have to make difficult decisions impacting the workplace. Today, I’m going to talk to you about one of them involving an employee who attempted suicide and, subsequently, pressed the company to return him to work. The plaintiff in this…
How to fire a poor performer who complains about discrimination and still avoid a retaliation claim
Image by Christos Giakkas from Pixabay You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination. Can you go through with the…
As we approach the holiday season, remember to protect your seasonal workers
Our first full day of London sightseeing is in the books. Not only did I leave and return home to our VRBO with four children — #DadOfTheYear — but I also found a suitable protector for the many barrels of local whiskey that I’m gate-checking at Heathrow when I return…
Was the plaintiff too Jewish to get a job in Ohio? Or was it something else? (Spoiler alert: Something else)
Having avoided sepsis and other O’Hare carpet-related food contamination, the Meyer Family arrived in London yesterday, dominated some fish and chips (not pictured above) in Soho, and is gearing up for a full day of sightseeing and shenanigans today. So, with the kids in bed and me at the computer…
A company called the plaintiff an ‘old timer’ and later fired him. But he LOST his age bias claim. Here’s why…
Image Credit: https://publicdomainvectors.org/en/free-clipart/Old-man-with-cane/46227.html There are plenty of buzzwords and phrases that, when uttered in the workplace, made provide good fodder for an age discrimination claim. For example, referring to someone as an ‘old timer’ can be direct evidence of age discrimination. Then, if an email were to surface in which…
You’re worried that an obese applicant may later develop diabetes. Can you refuse to hire him?
Renée Gordon (FDA), Victovoi [Public domain], via Wikimedia CommonsLast night, I read this recent Seventh Circuit opinion about a man who applied for a job with a railroad. The job required some fairly physical work; namely, climbing and working on and around heavy equipment. The company’s policy was not to…
This leaked deposition transcript from a race discrimination case is like a bizarro embassy scene from Lethal Weapon 2.
Image Credit: YouTube.com Do you know that scene from Lethal Weapon 2? The one where Joe Pesci (Leo Getz) tells the representative from the South African embassy to convince his friend Danny Glover (‘Alphonse’) not to move to South Africa because he’s black. I’ll pause for a sec while you…