Articles Posted in Discrimination and Unlawful Harassment

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For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations.

Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon trash bag. Continue reading

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You know that expression about putting your money where your mouth is?

While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. Continue reading

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A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim.

While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker threatened to get the plaintiff alone to cause her bodily harm.

The plaintiff alleged that this “murder plot and attempt” was evidence of more retaliation. Is she correct? Continue reading

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Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers:

  • Frequently called him the “n-word”;
  • Told him to “reach his black hands out” while handing him a box; and
  • Offered him a banana while saying, “Monkeys like bananas.”

Allegedly, a group of white employees also hung a sign in the workplace that said, “WHITE ONLY.” Continue reading

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By No machine-readable author provided. Klaus with K assumed (based on copyright claims). [GFDL, CC-BY-SA-3.0 or CC BY-SA 2.5], via Wikimedia Commons

Is that really a thing? A citizen’s arrest?

Tell ’em Big Bird. (I think that’s from the same episode where Elmo tried to effect a citizen’s arrest on Oscar The Grouch by sitting on top of his trash can until the Sesame Street PD arrived. But, I may be mistaken.) Continue reading

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After a two year hiatus, the EEOC reconvened its Select Task Force on Harassment yesterday to hear from an array of scholars, attorneys, other stakeholders about ways to promote a harassment-free workplace. Continue reading

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Now, don’t say that I haven’t warned you.

A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a reminder a few months later that a 100% healed policy = 100% violation of the ADA.

Some folks just don’t learn. Continue reading

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