Articles Posted in Race

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.

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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

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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:

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.”


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.

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Some people in Dallas do some dumb stuff.

For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!

But not as nuts as what I’m about to tell you.

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I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.

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Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.

Except when all you plead are “vague and conclusory” allegations.

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“Doing What’s Right – Not Just What’s Legal”
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