You have an employee handbook, an anti-harassment policy, training, the whole nine. But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class]. All the prophylactic measures you’ve already…
Articles Posted in Race
Inappropriate Facebook videos, comments doom an employee’s discrimination claims
On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too. Yep, another employee screwed up online. Go figure. More on that after the jump… * * * In Brown v. Tyson Foods,…
Black man claims a paint company’s paint is racist and he was fired for complaining
The Benjamin Moore color gallery contains, among others, Clinton Brown and Tucker Chocolate. My virgin ears! I mean, how racist can you get?!? Or, so says Clinton Tucker, a former Benjamin Moore employee, who filed a complaint in New Jersey state court in which he alleges that these paint names…
Nooses, n-words, and confederate flags, but no discrimination #shrm14
Over the weekend, I read this opinion in a race-discrimination with facts so egregious, they’d make David Duke blush. Let me set the scene for you. This is a workplace where, allegedly, several of the white employees displayed Confederate flag paraphernalia. I’ll spare you a verbatim review of the…
Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.
The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case. Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio…
You’ve heard of the “one-free-grope” rule. How about the “two-free-slurs” rule?
It was Gloria Steinem who, in discussing President Bill Clinton’s indiscretions with Paula Jones and Kathleen Willey, fashioned the “one free grope” rule. That is, while not condoning President Clinton’s actions, Steinem concluded that one touching is not sexual harassment — at least as a matter law. Well, yesterday, the…
The National Football League’s proposed “N”-word penalty: too far, or not far enough?
In a few weeks, the National Football League owners are going to consider a proposed rule governing the use of the “N”-word during a football game. If the rule goes into effect, any team with a player who uses the “N”-word during a game, will be assessed a 15-yard penalty.…
Bad things happen when management laments to HR that black people are ugly
Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice. Following an interview between a dentist in her practice and an African-American woman, the dentist allegedly commented to the HR Manager that the person would…
The guy fired for grab-ass at work may have been discriminated against
“My ears are burning…” No, not you, Bill Clinton. And not you either, Homer Simpson. I’m talking about this dude who worked as an EMT up in Pittsburgh. He was accused of grabbing his co-worker by the buttocks and placing his fingers very close to her private area. (I’d be…
Social media? Anti-harassment? No workplace policy can prevent something this stupid…
On MLK Day, with a few of my co-workers and my four-year-old son, I performed community service. We went to a local center and spent a few hours making peanut butter sandwiches to feed the homeless. Actually, we spent a half-hour or so making sandwiches. Most of us spent the…