It wasn’t long ago that the U.S. Equal Employment Opportunity Commission noticed a spike in reports of mistreatment and harassment of Asian Americans and other people of Asian descent during the COVID-19 pandemic. Before that, when many Americans clamored for a wall on the southern border, Hispanic workers in the…
A plaintiff asserting a retaliation claim against his employer must establish three elements: A protected activity (such as complaining about discrimination), A materially adverse employment action (such as a termination of employment), and A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)…
Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.…
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Mr. Flores, the former head coach of the Miami Dolphins, claims that the Miami Dolphins, New York Giants, and Denver Broncos…
Image Credit: Wig by Daniela Baptista from the Noun Project In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women — receive unfair treatment based on inherent hair texture and protective hairstyles, like braids,…
Image by Wokandapix from Pixabay I’ll give you a few seconds to pick your jaws up off the floor before I continue. The Newberg Graphic (here) appears to be the first one to break the news: A staff member at [an] Elementary School in Newberg showed up to work in…
Micthev, CC BY-SA 3.0, via Wikimedia Commons I have a not-so-hypothetical situation for you. Let’s see how you handle it. ABC Company has a seniority-based bidding system to assign shifts, giving longer-tenured managers shift preference. However, the president of the company has the discretion to readjust the shifts at her…
Image by OpenClipart-Vectors from Pixabay The U.S. Equal Employment Opportunity Commission is suing an employer for race and color discrimination. And water is wet. But what makes this one so 😲😨🤯? Check out the allegations from this press release that I read yesterday in the EEOC newsroom announcing a new Title…
Adam Jones from Kelowna, BC, Canada, CC BY-SA 2.0, via Wikimedia Commons Yesterday, one of my favorite HR people in the entire galaxy tweeted a link to this article from the AP. The AP reports that “the white woman who was widely condemned and fired after a videotaped dispute with…
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. Still, it was…