Articles Posted in Discrimination and Unlawful Harassment

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LGBT Equality Flag Outside the Supreme Court (Unsplash)

By Matt Popovich uh (https://unsplash.com/photos/UVe-5ZyDdAE) [CC0], via Wikimedia Commons

Shout out to Chris Opfer at Bloomberg Law.

Chris reported yesterday that the U. S. Department of Justice filed this brief with the United States Supreme Court in this case, in which it argues that Title VII of the Civil Rights Act of 1964, the federal employment discrimination law, does not cover discrimination against an individual because of the individual’s gender identity.

Is this a big deal? Yes.  Is it a surprise that the DOJ has taken this position? Heck no. Continue reading

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CC BY-SA 3.0, Link

Before I get to the Halloween, I’m assuming that if you won last night’s Mega Millions jackpot, you probably have better things to do than read this blog post. If however, you did win, congratulations! And, by reading this far into the blog post, you agree to split your winnings 50/50 with me.

Ok, 60/40.

It’s a contract. That’s how the law works. Checkmate!

Continue reading

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Image Credit: Pixabay.com

Every so often — not, “if I had a nickel” often, but every once in a while — someone hits me up for my two cents on firing an employee who is on FMLA or some other form of protected leave for [fill in the reason]. Continue reading

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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

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By Highway Patrol Images (Code 3 combination LED & rotating beacons) [CC BY 2.0 ], via Wikimedia Commons

Hold on, let me proofread that.

Employee makes racist Facebook posts, and company must pay him $100,000. Yep, that’s it. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/survey-poll-pencil-icon-checkbox-3286948/)

“Change is taking place, but organizational culture must continue to evolve. ”

That’s one takeaway from the study that SHRM released earlier this month as part of its “Harassment-Free Workplace Series.”

“We have a long way to go.”

That’s my takeaway from the study. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/)

On October 15, 2017, actress Alyssa Milano urged socal media user to share their stories of sexual harassment using the hashtag #MeToo.

Maybe you’ve heard of it.

Of course, you have. As have the millions of others who have used the hashtag since.

This post goes inside numbers to detail the proliferation of the #MeToo movement social media.
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