Articles Posted in Discrimination and Unlawful Harassment

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Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading

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The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.

Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading

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Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.

Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.

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An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee interpreted this as an ageist comment because knowledge comes with age. Sometime later, two of his managers told him the company was “getting rid of the older guys,” which the employee understood as a threat that the company would try to push him out. Continue reading

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