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Articles Posted in Race

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Ctrl-Alt-Delete that theory: Sixth Circuit rejects retaliation claim after arrest over unreturned laptop

That escalated quickly. A university fired its HR director and asked him to return his work laptop. He refused for months. Campus police eventually obtained a felony arrest warrant. When the former employee finally showed up with the laptop, officers arrested him. He then sued for retaliation. TL;DR: The U.S.…

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Can employers make employees sign a contract shortening the time to bring Title VII and ADEA claims?

Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. TL;DR: The Fourth Circuit held that employers cannot contractually shorten the time employees have to file discrimination lawsuits under Title VII of the Civil Rights Act of 1964 (Title VII) or the…

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Turning a Restructure into Discrimination? She Couldn’t.

  A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment. But she loses. TL;DR: The Eleventh Circuit affirmed summary judgment after a nationwide restructuring…

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Shifting Reasons and Skipped Steps — and Why the Employer Still Won

  Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. TL;DR: In a recent Eleventh Circuit decision, the…

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Fasten Your Seatbelts: The Honest Belief Doctrine Lands Again

  Not every workplace conflict that creates turbulence makes it to a jury. This one didn’t. The employer’s investigation held up under the honest-belief doctrine. TL;DR: The Sixth Circuit affirmed summary judgment for an airline after a flight attendant received a Final Corrective Action Notice for allegedly violating its Workplace…

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Sometimes the case ends because the plaintiff says the quiet part out loud

  Most employment cases fall apart because the evidence is thin or the comparators don’t line up. This one fell apart because of what the employee herself admitted – under oath. TL;DR: A Sixth Circuit panel affirmed summary judgment for an urgent care clinic after a front-desk employee was terminated…

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Courts Are Not Super-Personnel Departments (And This Promotion Case Proves It)

Courts see plenty of promotion disputes that boil down to one familiar complaint: I should have gotten the job.The Fourth Circuit just explained why that argument usually is not enough. TL;DR: In a published decision, the Fourth Circuit affirmed summary judgment for an employer facing a Title VII failure-to-promote claim.…

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After the SHRM Verdict, Five Lessons for Employers

  Sometimes the biggest workplace stories are the ones that hit closest to home for HR professionals. A recent jury verdict involving the Society for Human Resource Management (SHRM) is one of those moments, not because of who the defendant was, but because the issues are ones every employer faces.…

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Preparing for the CROWN Act: A Pennsylvania Employer’s Guide to the New Hair-Based Discrimination Rules

  Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a…