Last year, the U.S. Equal Employment Opportunity Commission sued a long-term care facility claiming that certain White patients/residents repeatedly directed offensive racial slurs at black nurses and nurse assistants, including “n—-r,” “coon,” “monkey,” and “Black b—–s.” One patient repeatedly told Black employees to “go back to Africa,” followed Black employees…
According to published reports, like this one from the Daily Mail, an Am Law 100 law firm rescinded a job offer to the president of a law school’s student bar association after learning that the student stated that Hamas’ slaughter of children in Israel was ‘necessary.’ The student also reportedly…
According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.” An…
The same drug dealing felon Human Resources claimed said in his job interview that he would “do it all again” but ensure that he was not dealing with an undercover officer. I won’t bury the lede here. This will be a lesson in consistency. If your business takes a legitimate,…
…the plaintiff missed the mark. Badly. On the plus side, I get a blog post out of it. Direct vs. Circumstantial Evidence When employees lose their jobs and claim discrimination, there are two types of evidence they can use to prove their case: direct and circumstantial. Direct evidence of discrimination…
TL;DR: They don’t. Here’s a longer explanation. There comes a time in most discrimination lawsuits when a defendant-employer will file a motion for summary judgment. By filing that motion, the movant is telling the court that there are no material facts in dispute and, if the court applies the well-settled…
In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health…
The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher in Central Park went viral, was at it again. This time, appealing the “L” she took from a New York federal court in a race discrimination and defamation lawsuit against her…
Ok, the Sixth Circuit Court of Appeals’ opinion wasn’t quite that colloquial when questioning the trial judge’s analysis. However, I’ll explain why the appellate court concluded that a jury should decide whether a black tool crib operator who testified that numerous coworkers used the N-word routinely while he was around…
Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have…