Image by StockSnap from Pixabay It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at…
Image Credit: PeakPX.com – License to use Creative Commons Zero – CC0 Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a…
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…
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…
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…
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…
Image Credit: Photofunia.com Yesterday, I blogged here about a black man who was fired for repeating a racial slur directed at him as he told the person to stop. According to multiple reports, his employer’s position was that it had a zero-tolerance policy on racial slurs in the workplace —…
Image by Pexels from Pixabay Last week, I quizzed you on how to handle a request for a religious accommodation to be excused from attending a weekend company holiday party. That was easy. Today’s ‘what would you do’ is much more difficult. Here’s the setup: Edward Employee and Ernest Employee…
Image Credit: YouTube Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news. Fast forward to September 2019. Following a thorough investigation, New Jersey Attorney Gurbir…
Image Credit: Publicdomainfiles.com (http://www.publicdomainfiles.com/show_file.php?id=13929356417087) I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Let’s see what you think. Here’s the first paragraph…