Articles Posted in Race

| by

ChatGPT-Image-May-13-2025-07_36_49-PM-683x1024

Fired Over $15. Or Was It the HR Complaints?

A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags.

The Second Circuit said a jury should decide whether she was fired for taking the $15—or for speaking up. Continue reading

| by

ChatGPT-Image-Apr-14-2025-07_41_51-PM-683x1024

Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. Continue reading

| by

noun-scales-7649969-1024x1024

A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that his allegations, if true, plausibly suggest unlawful bias. Continue reading

| by

noun-podcast-7283198-1024x1024

Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI.

Underscoring the importance of caution, the EEOC has reminded employers that race, sex, or ethnicity-based preferences in DEI programs risk violating anti-discrimination laws. These announcements specifically warn against quotas, explicit racial or gender preferences, and any programs that could create perceived or real discriminatory outcomes.

The guidance aims to “help employers take action to avoid unlawful DEI-related discrimination,” noted EEOC Acting Chair Andrea Lucas.

But are there lawful actions employers can take to promote diversity, equity, and inclusion principles?

Yes. Ms. Lucas herself provided eleven solutions last year on an episode of Cozen O’Connor’s Employment Law Now podcast, hosted by Michael Schmidt. You can listen to them starting at 31:33 in the recording. Additionally, I’ve summarized them below. Continue reading

| by

And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly.

Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to lead to a viable hostile work environment claim. Continue reading

| by

noun-waiting-5324021-1024x1024

For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess. Continue reading

| by

noun-gavel-103096-1024x1024

Despite two deciding judges expressing support for DEI, the Fourth Circuit unanimously ruled on Friday that two Executive Orders issued by President Trump, which seek to eliminate diversity, equity, and inclusion (DEI) initiatives from federal grant and contract processes, will remain in effect while legal challenges proceed. The Executive Orders claim that DEI programs promote race- and sex-based preferences that contradict American values of merit and hard work. Continue reading

| by

noun-grease-7538429-1024x1024
Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would countenance the claims of a white employee offended about discussions and initiatives focused on antiracism and racial justice.

Conversely, a recent decision from the Sixth Circuit Court of Appeals serves as a lesson for employers on unlawful racial harassment, retaliation, and HR missteps.

Slurs, Stereotypes, and Grease?!?

Continue reading
“Doing What’s Right – Not Just What’s Legal”
Contact Information

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design