Articles Posted in National Origin

Ice cream with whipped cream, chocolate syrup, and a wafer (cropped)

Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons

You (soft) served up one pun too many, Eric.

Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop.

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Welcome back to “Amy Coney Barrett Week” at The Employer Handbook.

I’m devoting five blog posts to some of her most significant employment law decisions so that, maybe, we can read the tea leaves to see how she may rule from the Supreme Court bench if the Senate confirms her nomination.

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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

halloween-2770084_640

Image Credit:: Pixabay.com (https://pixabay.com/en/halloween-halloweenkuerbis-faces-2770084/)

I know that wearing blackface on Halloween is a bad idea. You know it too. And, now, so does Megyn Kelly.

But not everyone got the memo. Continue reading

HoustonChronicleScreenCap-1024x576

Image Credit: https://www.chron.com/news/houston-texas/houston/article/KIPP-teacher-fired-arrested-racially-remarks-13300013.php?ipid=hpctp#photo-16316860

Remember yesterday’s post?

If not, then out of concern for you, I suggest that you see a doctor. Because after all, we’re talking about a post from just one day ago.

Either way, to get you back up to speed, yesterday I blogged about an employer that was required to pay $100K to a worker it fired for making racist Facebook posts. That was because an arbitrator concluded that the employer knew about the employee’s racist behavior online but did nothing about it for several months until the media reported it.

Today’s situation — a different situation — is different. Like totally different. Continue reading

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