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Articles Posted in Race

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When implicit bias training turns into a hostile work environment claim

What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. TL;DR: The Second Circuit revived a former school administrator’s hostile work environment claim under § 1983. She alleged that…

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Office, Email, Keys, Badge… No Lawsuit? Why the Court Said “Not an Employee” in a Discrimination Case

  An onsite manager alleged race and sex discrimination, but the court never reached the substance of her claims. Why? Because she worked for a contractor—not the school network she sued. The case was dismissed. Here’s what every employer who works with vendors, staffing firms, or third-party service providers needs…

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Fired Over $15. Or Was It the HR Complaints?

Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages,…

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Rubber-Stamped and Still Liable: The Hidden Danger of Delegated Discipline

Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. TL;DR: The Ninth Circuit reinstated a discrimination claim after finding…

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DEI, Quotas, and Termination? A Court Says the Lawsuit Can Proceed

A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that…