Articles Posted in Discrimination and Unlawful Harassment

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My friend Jon Hyman is an incredible employment law blogger over at Ohio Employer Law Blog.

Over the course of the year, he has flagged some of the worst discrimination and harassment allegations against employers. Now, the list is long enough that he needs your help to vote it down to a “Worst Employer of 2018.”

So, clutch your human resources pearls, click here to vote, and then say a little prayer that you work elsewhere.

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Image Credit: Pixabay.com (https://pixabay.com/en/lightbulb-vector-light-icons-2824863/)

Yesterday, while you were sneaking Fun Size Peanut M&Ms out of the Halloween pumpkin before the trick-or-treaters showed up — maybe that was just me — the EEOC held a public meeting on Steps to Transform Workplace Culture to Prevent Harassment.

The consensus was that employers best accomplish this through  a “holistic approach.”

Those are fancy words. But what precisely can you do to address harassment?

I’ve got five big takeaways from the meeting. Continue reading

Today, I’m going to tell you the story of a man that has now sued the same employer four times.

It’s a bit like the Buffalo Bills of employment litigation, except the plaintiff here hasn’t suffered a fourth defeat…yet.

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Image Credit: Pixabay.com (https://pixabay.com/en/chatbot-chat-application-artificial-3589528/)

If you’re scratching your heads on this one, Grasia Hald‘s post at Medium, “Chatbot 101: Everything you ever wanted to know about Chatbots” may help.

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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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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!

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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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