It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.
And how do you think that went for the plaintiff? Continue reading
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.
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
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.
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
Today’s ‘what would you do’ is much more difficult. Continue reading