The Employer Handbook Blog
Hopefully, this question doesn’t have you clutching your pearls. Continue reading
Articles Posted in Race
A bill to end hair discrimination takes another step towards becoming federal law.
On Friday, the U.S. House of Representatives passed a bill to prohibit discrimination based on an individual’s texture or style of hair with a vote of 235-189. Continue reading
You can stand with Ukraine. Just remember to stand up for your Russian employees too.
It wasn’t long ago that the U.S. Equal Employment Opportunity Commission noticed a spike in reports of mistreatment and harassment of Asian Americans and other people of Asian descent during the COVID-19 pandemic. Continue reading
Without this key element, you can kiss that retaliation claim goodbye
A plaintiff asserting a retaliation claim against his employer must establish three elements:
- A protected activity (such as complaining about discrimination),
- A materially adverse employment action (such as a termination of employment), and
- A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)
NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination
Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons
Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.
Of the race discrimination claims against the three football teams, we concluded that the one against the NY Giants seemed the strongest (relatively). Last night, the NY Giants responded — to Mr. Flores, not my partner and me — with a statement explaining why they believe that Mr. Flores’s claims against the team have no merit.
Let’s take a look.
VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons
On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Continue reading
Employer wigs out over an African American employee’s hair; EEOC claims race discrimination
Image Credit: Wig by Daniela Baptista from the Noun Project
In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women — receive unfair treatment based on inherent hair texture and protective hairstyles, like braids, locs, and twists. Why, yesterday, Tempe became the second city in Arizona to pass a hair discrimination ban.
There’s nothing explicit under federal antidiscrimination law, like Title VII, that outlaws hair discrimination. But, that hasn’t stopped the EEOC from pursuing related claims for race discrimination. Continue reading
Someone came to work in blackface as Rosa Parks to protest a COVID-19 vaccine mandate
Image by Wokandapix from Pixabay
I’ll give you a few seconds to pick your jaws up off the floor before I continue. Continue reading
Could changing someone’s shift schedule really create a discrimination claim?
Micthev, CC BY-SA 3.0, via Wikimedia Commons
I have a not-so-hypothetical situation for you. Let’s see how you handle it.
What in the heck could this company have possibly been thinking?!?!? (Allegedly.)
Image by OpenClipart-Vectors from Pixabay
The U.S. Equal Employment Opportunity Commission is suing an employer for race and color discrimination. And water is wet.
But what makes this one so 😲😨🤯? Continue reading