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The Employer Handbook BlogChecking the Wrong Boxes on an EEOC Charge Has Real Consequences. This Case Is a Good Example.
She filed an EEOC charge. She just didn’t file the right one.
Articles Posted in Race
The Racial Slur the CEO Knew About. The $21 Million Verdict That Followed.
A racial slur used in 2007 was still admissible evidence at a 2024 trial. The employer’s failure to address it helped produce a $21 million verdict.
How an Employer Survived a Discrimination Claim After Violating Its Own Hiring Policies
The city’s civil-service commission told it to follow its own hiring policies. It didn’t. It still won.
A “Repugnant and Racially Hostile” Blackface Doll Hung by a Noose At Work. It Still Wasn’t Enough for a Hostile Work Environment Claim.
The court called it “repugnant and racially hostile.” It still wasn’t enough. A recent appellate decision affirming summary judgment for the employer on a hostile work environment claim is a useful reminder of how high the severe-or-pervasive bar actually is.
One DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high.
“Lincoln May Have Freed the Slaves, But I’m Keeping You” — and the Case Still Got Dismissed
A law firm partner apparently missed every harassment training ever offered and made a comment that belongs in a museum of worst-possible workplace decisions. The firm’s response, though, was textbook. The case got dismissed.
The $11.5M SHRM Post-Trial Ruling Is Here. The Warnings Inside Apply to Every HR-Sophisticated Employer.
The $11.5 million verdict against SHRM survived. Now the court’s explanation of why offers a sharper lesson than the verdict itself.
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
Bad, abrupt termination after a discrimination complaint. Still lawful. Here’s why.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
Coworker Says the N-Word. Employer Fires Him Within a Week. Court: No Liability.
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.