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The Employer Handbook BlogHow an Employer Survived a Discrimination Claim After Violating Its Own Hiring Policies
The city’s civil-service commission told it to follow its own hiring policies. It didn’t. It still won.
Articles Posted in Race
A “Repugnant and Racially Hostile” Blackface Doll Hung by a Noose At Work. It Still Wasn’t Enough for a Hostile Work Environment Claim.
The court called it “repugnant and racially hostile.” It still wasn’t enough. A recent appellate decision affirming summary judgment for the employer on a hostile work environment claim is a useful reminder of how high the severe-or-pervasive bar actually is.
One DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high.
“Lincoln May Have Freed the Slaves, But I’m Keeping You” — and the Case Still Got Dismissed
A law firm partner apparently missed every harassment training ever offered and made a comment that belongs in a museum of worst-possible workplace decisions. The firm’s response, though, was textbook. The case got dismissed.
The $11.5M SHRM Post-Trial Ruling Is Here. The Warnings Inside Apply to Every HR-Sophisticated Employer.
The $11.5 million verdict against SHRM survived. Now the court’s explanation of why offers a sharper lesson than the verdict itself.
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
Bad, abrupt termination after a discrimination complaint. Still lawful. Here’s why.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
Coworker Says the N-Word. Employer Fires Him Within a Week. Court: No Liability.
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
Can a White Employee Sue for Race Discrimination Under the NJLAD Without Any Heightened Burden? The Third Circuit Says Yes.
The Third Circuit just predicted that New Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it.
Can “I Felt Pressured” Undo a Signed Severance Release?
She signed a severance release, collected her benefits, and then sued anyway. The Sixth Circuit just explained why that didn’t work – and why the employer’s paperwork made all the difference.