In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Find out why and I’ll throw in a few takeaways about the importance…
Yesterday, I discussed the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace and how a court recently ruled that DEI training is not inherently unlawful. However, that doesn’t mean DEI initiatives can’t cross legal lines. This week, Missouri announced it had filed a lawsuit…
So much ink has been spilled recently about the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace. This week, a federal court weighed in on whether a Pacific Northwest employer’s DEI training created a hostile work environment for a white employee. It didn’t. More importantly, the…
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion,…
Last night, I came across a court decision that raised some eyebrows. The case involved a black employee who alleged that his white supervisor used racial slurs, including the n-word, and that the same slur was found written on a bathroom wall. He reported harassment and felt that his concerns…
ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business…
Recently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional’s radar. What is the Cat’s Paw Theory? The ‘cat’s paw’ theory holds an employer liable for the discriminatory actions of a non-decision-making employee if those actions influence…
Imagine you’re at school, and there’s a teacher who always picks on you, blames you for things you didn’t do, and makes you feel terrible in front of your classmates. You might think, “This is so unfair! I want to tell someone and make it stop!” Well, grown-ups at work…
The United States Court of Appeals for the Second Circuit recently dissected a bariatric surgeon’s discrimination claims. The surgeon alleged that his former employer discriminated against him based on his race and color when it favored another surgeon who allegedly harassed the plaintiff. However, the plaintiff misdiagnosed the situation. Let’s…
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? It’s called the “same-actor inference.” As a New York…