Articles Posted in National Origin

Lee Park, Charlottesville, VAFollowing a tumultuous weekend in Charlottesville, VA, where a white nationalist march turned deadly, it appears as though at least one attendee will return home from the rally to find himself unemployed.

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Cocktail-Bar (Kleines Phi) in Hamburg 2

A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work.

On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National Labor Relations Act could muddy the waters a bit; but, for this post, let’s pretend it doesn’t). And there’s practically nothing that would prevent a private employer from clamping down on employee discussions about politics at work.

On the other hand, an employer could violate bar rules and condone political speech. However, that could lead to problems for the employer, as in bad press or a lawsuit.

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Octopus 🐙 appetizer for the kid? Yes, please 😘// #epcot🌐 #epcotcenter #epcot #disneyworld

A post shared by Eric B. Meyer (@eric_b_meyer) on

Remember Hank the Septopus from Disney’s Finding Dory? I found his missing tentacle. And, my son ate it!

Let’s hear it for the boy!

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If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment.

So, what if…

  • nepotism motivates an employment decision, which
  • involves favoring one nationality over another, then
  • does national origin motivate the employment decision?

Or, put another way: could nepotism violate Title VII?

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