Race Category Archives — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

Have you ever heard of an “intersectional” discrimination claim?

April 12, 2024 | by Eric B. Meyer

noun-intersection-6461631-1024x1024

A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.

Whoa, whoa, whoa! Hold up. Continue reading

Hair discrimination isn’t unlawful. But, firing a black employee because of her natural hair texture is.

April 10, 2024 | by Eric B. Meyer

noun-hair-6744506-1024x1024

Congress has considered legislation several times that would prohibit employers from discriminating based on an individual’s hair texture or hairstyle if that hair texture or that hairstyle is commonly associated with a particular race or national origin.

But it has never passed.

Why? Because many believe that this law is unnecessary since Title VII of the Civil Rights Act of 1964 already forbids discrimination based on race and national origin. Continue reading

In rejecting an employee’s claim that DEI training fostered a hostile work environment, a federal appellate offered a stern warning to employers

March 19, 2024 | by Eric B. Meyer

noun-alert-4211246-1024x1024

Earlier this year, I wrote about a white employee in Colorado who claimed his former employer subjected him to a hostile work environment by requiring him to attend anti-harassment training.

Is it racist to falsely accuse someone of being a racist?

March 7, 2024 | by Eric B. Meyer

noun-confused-1011321-1024x1024

Let’s explore whether Title VII of the Civil Rights Act of 1964 protects employees against accusations of racism.

Can states legally ban “woke” training in the workplace?

March 6, 2024 | by Eric B. Meyer

noun-voice-over-off-3644052-1024x1024

In 2022, Florida passed The Individual Freedom Act. But most people know this law as the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to our Kids and Employees.”

Whatever we call it, the Act says employers cannot subject “any individual, as a condition of employment,” to “training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels” a certain set of beliefs. The list of banned subjects generally relates to “woke” teachings on race, color, sex, or national origin. Florida employers can host these trainings but cannot require employees to attend them.

Can employers ban workers from wearing Black Lives Matter insignia to protest discrimination at work?

February 26, 2024 | by Eric B. Meyer

Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/

Last week, the National Labor Relations Board decided that a NON-union employer cannot require employees to remove “Black Lives Matter” (BLM) insignia from their work uniform when the BLM marking is a “logical outgrowth” of earlier group protests about racial discrimination in their workplace.

Will training white employees on “white fragility” and other concepts linked to racism create a hostile work environment? Probably not.

February 5, 2024 | by Eric B. Meyer

noun-restricted-370891-1024x1024

Last week, I wrote (here) about a white college professor who successfully alleged that his employer subjected him to a hostile work environment, at least, in part, because of particular training and conferences he attended about racism. Continue reading

Training about racism can foster a hostile work environment. Wait, WHAT?!?

February 1, 2024 | by Eric B. Meyer

noun-step-1316683-1024x1024

Wait a minute, Eric! Weren’t you just telling us that anti-harassment training is part of the backbone of a compliant workplace?

I did. But, occasionally, employers can step over the line. Continue reading

An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion

January 31, 2024 | by Eric B. Meyer

noun-workforce-diversity-5049098-1024x1024
Folks, I did not have EEOC Commissioner Andrea Lucas giving billionaire Mark Cuban a public antidiscrimination lesson on my Bingo board.

But, as I was scrolling through X on Monday, here is what I saw:

Cuban-Lucas-X
On Sunday, Mr. Cuban, of Shark Tank fame, the former principal owner of the NBA’s Dallas Mavericks, and a proponent of DEI policies, tweeted that he’s “never hired anyone based exclusively on race, gender, religion.”

An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.

January 23, 2024 | by Eric B. Meyer

noun-separate-125793-1024x1024

Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users should not have to settle for mediocre phone service?

“Just ok is not ok.”

In the workplace, however, “just ok” may be good enough when responding to employee complaints of harassment.

Hey, I’m not saying employers should aspire for “just ok,” but it can defeat a sexual harassment lawsuit.