Articles Posted in Discrimination and Unlawful Harassment


Image Credit: – License to use Creative Commons Zero – CC0

Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a joke.

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A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.

Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading

Code 3 combination LED ^ rotating beacons - Flickr - Highway Patrol Images

Highway Patrol Images [CC BY 2.0], via Wikimedia Commons

Maybe you’ve been reading this employment law blog for years. Or today could be your first time here. (What took you so long?) You may be a licensed attorney, an HR professional, or just a blog groupie on the dark path to a restraining order. Whatever your background and experience, I’m guessing that you can determine whether the plaintiff I’m about to describe to you, a former Ohio police trooper, has a viable claim for race discrimination. Continue reading

Seal of the United States Equal Employment Opportunity Commission.svg

By U.S. Government – Extracted from PDF file here., Public Domain, Link

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.

The EEOC believes that the use of criminal record history and other background checks can have a disparate impact by disproportionately screening out certain minorities without any business-related need.

After several potholes and speedbumps trying to enforce its guidance in the courtroom against employer-defendants, the EEOC has finally won a big race. Continue reading

“Doing What’s Right – Not Just What’s Legal”