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The Employer Handbook BlogWhen “Boys Will Be Boys” Becomes Exhibit A
A supervisor was shown a slur drawn across a face on a breakroom whiteboard and shrugged it off. A federal appeals court didn’t.
Articles Posted in Discrimination and Unlawful Harassment
A Supervisor’s Anti-BLM Comments Weren’t Enough to Prove Race Discrimination
An employee accused his manager of anti-Black bias over comments made eight months earlier. A federal appeals court said the comments were about politics, not race, and the case fell apart.
She Called Equity Training Racist. Her Own Words About a Black Employee Said Otherwise.
She said the training singled out white employees as inherently racist. Her own testimony said otherwise, and that’s what sank her case.
Trashing an Employee on Social Media Can Count as Retaliation
A hospital and university didn’t just demote an employee over his criticism of a race-based practice. They went on social media to trash him, and that’s the bigger legal problem.
There’s No Mitigation Defense for Emotional Distress Under Title VII
A supervisor joked about selling an employee in the red-light district. When the case reached a federal appeals court, the employer’s defense was almost as bold: don’t blame us for the emotional distress bill, she should have gotten therapy.
When Consistent Enforcement of Your FMLA Policy Is Your Best Discrimination Defense
A bus operator was fired for FMLA falsification and claimed his employer terminated him because he was transgender. The employer’s defense was simple: it fired four other employees for the same conduct around the same time. A federal appeals court just said that’s enough.
“The Cliques Aren’t Going Anywhere” Is Not a Defense to a Hostile Work Environment Claim
An employer investigated a racial harassment complaint, offered a transfer, and watched the harassment continue. A federal appeals court just sent the hostile work environment claims to a jury.
What the Supreme Court’s Transgender Girls’ Sports Ruling Means (and Doesn’t) for Your LGBT Policies
The Supreme Court just ruled on whether transgender athletes can play girls’ high school sports. If you’re scanning this for a new Title VII rule for your LGBT employment policies, save yourself the trouble: there isn’t one.
After Yesterday’s SCOTUS Ruling, Every Election Is an Employment Law Event
The Supreme Court just eliminated 91 years of job security for commissioners and board members at federal agencies like the EEOC and the NLRB. The practical consequences for employers are bigger than the headlines may suggest. Continue reading