Image Credit: PeakPX.com – License to use Creative Commons Zero – CC0
Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a joke.
Image by Andreas Breitling from Pixabay
A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.
Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading
Highway Patrol Images [CC BY 2.0], via Wikimedia Commons
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.
The EEOC believes that the use of criminal record history and other background checks can have a disparate impact by disproportionately screening out certain minorities without any business-related need.
After several potholes and speedbumps trying to enforce its guidance in the courtroom against employer-defendants, the EEOC has finally won a big race. Continue reading
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Do you know that scene from Lethal Weapon 2? The one where Joe Pesci (Leo Getz) tells the representative from the South African embassy to convince his friend Danny Glover (‘Alphonse’) not to move to South Africa because he’s black.
I’ll pause for a sec while you watch it.
Image Credit: Photofunia.com
Yesterday, I blogged here about a black man who was fired for repeating a racial slur directed at him as he told the person to stop. According to multiple reports, his employer’s position was that it had a zero-tolerance policy on racial slurs in the workplace — inexcusable, regardless of context.
Well, the school hired him back.
Still, I asked readers of this blog how they would have handled a similar situation in their workplace. Continue reading
Last week, I quizzed you on how to handle a request for a religious accommodation to be excused from attending a weekend company holiday party. That was easy.
Today’s ‘what would you do’ is much more difficult. Continue reading
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Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news.
Image Credit: Publicdomainfiles.com (http://www.publicdomainfiles.com/show_file.php?id=13929356417087)
I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading
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Fred the Oyster [Public domain], via Wikimedia Commons
Monster’s advice is pretty spot on. Except, that is, when the individual later decides to assert claims of hostile work environment and constructive discharge.
Because, as you’ll find out in this post, nothing undermines those claims like a thoughtful resignation letter. Continue reading
The Employer Handbook Blog
