Imagine applying for the same promotion 31 times and never getting it. That happened to a state police lieutenant. He claimed discrimination, but the Fifth Circuit said the evidence did not add up. TL;DR: A state police lieutenant said he was passed over for captain 31 times because he was…
Articles Posted in Race
A Meme, a Minister, and a Judge Who Was Not Amused
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the…
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…
Hostile? Maybe. Discriminatory? Not So Fast.
Some employees make life miserable for their coworkers. They gossip, sabotage, and bully—but that doesn’t always add up to a viable lawsuit. In fact, a recent federal appellate decision reminds us that even the ugliest workplace conduct isn’t unlawful unless it crosses a very specific legal line. TL;DR: Just…
So You’ve Gotta File an EEO-1 Report. Now What?
If you’ve been staring at the words “EEO-1 Component 1” and thinking they sound like a rejected Star Wars droid, you’re not alone. But if you’re an HR pro at a private company with 100+ employees (or a federal contractor with 50+ employees and a contract over $50,000), you’ve got…
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,…
Hostile Work Environment Claims Don’t Need to Be Personal to Be Actionable
A Black lecturer in his 70s says a fellow professor in his department regularly made racially charged remarks—not necessarily directed at him, but about Black colleagues more broadly. A federal judge says that could be enough to support a hostile work environment claim under Title VII. TL;DR: A federal court…
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…
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…
Promoting DEI Legally: 11 Tips Straight from the EEOC Acting Chair
Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI. Underscoring the importance of caution, the…