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The Employer Handbook BlogEmployee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
Articles Posted in Discrimination and Unlawful Harassment
A company supposedly awarded a black employee a trophy for “Least Likely to Be Seen in the Dark.” WTH?!?
Some people in Dallas do some dumb stuff.
For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!
But not as nuts as what I’m about to tell you.
The EEOC’s new General Counsel is targeting Antisemitism, Islamophobia. So should you.
Yesterday, the U.S. Equal Employment Commission’s newest General Counsel, Karla Gilbride, told reporters that addressing discrimination in American workplaces relating to the Israel-Hamas skirmish is a top priority for 2024. Continue reading
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.
You’re not a doctor.
(Unless you’re a doctor.)
So don’t act like one when deciding which of your employees may be a direct threat to others at work.
(Unless you like defending Americans with Disabilities Act claims). Continue reading
New employment laws may not just expose employers to liability; they may double it!
Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more recently taken effect.
Employers, here are 110,759 reasons why you’re not the religion police.
Since only the real ones are reading the blog this week, I must confess that it would be cool to patrol the office halls with a fake badge I ordered from Amazon to restore order and HR compliance to the workplace.
But policing religion is where I must draw the line. Continue reading
No, my guy, your employer did not unlawfully stereotype your masculinity by firing you for sexual harassment.
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. Continue reading
“Vague and conclusory” allegations are not enough to pursue claims of discrimination in court.
Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.
Except when all you plead are “vague and conclusory” allegations.