National Origin

Six million reasons to remember that the EEOC continues to take your company’s background checks seriously

November 19, 2019 | by Eric B. Meyer

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

At least two employees didn’t read my ‘blackface’ post, and you’ll never believe what some Idaho teachers wore for Halloween

November 5, 2018 | by Eric B. Meyer

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

This employee fired for a “caught on camera” racist tirade won’t be collecting $100,000. Probably.

October 18, 2018 | by Eric B. Meyer

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

It’s not a good look when the EEOC accuses your company of “an ugly mix of sexism, racism, and xenophobia”

September 20, 2018 | by Eric B. Meyer

By Missatikamekw [CC BY-SA 4.0 ], from Wikimedia Commons

I wouldn’t quite know how to describe the feeling if that were the moniker placed on my business. So, I’ll just go with the opposite of this. Continue reading

2.5 million reasons not to refer to black employees as ‘slaves’ or fire them after they complain to HR

July 31, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/south-beach-miami-florida-sunset-891749/)

In terms of workplace issues, #MeToo and sexual harassment have dominated the headlines in 2018. Most recently, John Oliver covered these subjects on his show and Jon Hyman has a robust discussion going on right now on LinkedIn in which I encourage you to weigh in.

Perhaps aspirationally, Jon wonders whether the collective spotlight on #MeToo will help end the problem.

Meanwhile, in the shadows lurk some pretty sickening instances and allegations of other forms of god-awful, in-your-face, no-doubt-about-it discrimination. Continue reading

Another court holds mistaken discrimination is unmistakably illegal

May 18, 2018 | by Eric B. Meyer

By Ethan [CC BY-SA 2.0], via Wikimedia Commons

Back when the WWE was the WWF, there was a tag team that were the heels of professional wrestling: The Iron Sheik and Nikolai Volkoff.

Goddammit! Like three-quarters of you have already clicked away.

The rest of you, stick with me, I’m building to a crescendo.
Continue reading

Stereotype or not, firing a French waiter for acting rude probably doesn’t violate the law.

April 2, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/cartoon-character-waiter-idea-2947794/)

A couple of readers suggested that I blog today about a waiter in Canada fired for “combative and aggressive” behavior, err, behaviour towards other staff. The waiter has a simple defense, one that he has raised in a civil rights complaint.

He’s French. Continue reading

This is probably not even legal in Mexico

March 22, 2018 | by Eric B. Meyer

Pattie on Flickr (“In an antique shop window” https://www.flickr.com/photos/piratealice/3082374723)//embedr.flickr.com/assets/client-code.js

Even if you operate an antique shop, this sign is not a good look for your business.

So, as you can imagine, the State of Illinois wasn’t too cool with one of its local employment agencies taking out an advertisement in a local publication in which it sought “Lots of Mexicans” “Honest and sincere (provide the best Mexicans).” Continue reading