Race Category Archives — Page 23 of 27 — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

A white employee tossed banana peels at work, and HE claims discrimination. He might WIN too.

April 8, 2015 | by Eric B. Meyer

Where do I find these cases, you ask? ~~Well, I sold my soul, and a stack of Billy Ripken baseball cards, to the devil a long time ago.~~ I ain’t telling.

But seriously, this case isn’t so much about the particular facts…

White employee tosses banana peels at work
Black employees complain of racism
Investigation ensues
White employee is forced to resign

…as it is about making sure that all involved know why an employee is being fired, and can articulate those reasons consistently. Continue reading

I was right. This appellate court employment-law decision was one of the worst of 2014.

January 13, 2015 | by Eric B. Meyer

About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position).

Now, if you read the comments on my post, you’ll see that some of my readers took issue with my analysis of the case.

Well, I see your comments and raise you a scathing Justice Alito dissent from the United States Supreme Court’s denial of certiorari:

The employer who wanted to “bring color” into the workplace; brought lot$a green to the plaintiff instead

October 22, 2014 | by Eric B. Meyer

I’m talking about a $620,000 jury verdict and nearly $165,000 in attorney’s fees.

Let’s discuss reverse-race discrimination after the jump…

* * *

The one thing HR can’t afford to do if an employee reports a noose

October 17, 2014 | by Eric B. Meyer

One employer appears to have screwed up royally. Click through to find out how.

* * *

How swift response to racial slurs and graffiti defused a discrimination claim

September 12, 2014 | by Eric B. Meyer

You have an employee handbook, an anti-harassment policy, training, the whole nine.

But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class].

All the prophylactic measures you’ve already installed mean nothing unless you respond to that complaint appropriately.

See how one company did it right, after the jump…

* * *

Inappropriate Facebook videos, comments doom an employee’s discrimination claims

August 4, 2014 | by Eric B. Meyer

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too.

Yep, another employee screwed up online. Go figure.

Black man claims a paint company’s paint is racist and he was fired for complaining

June 30, 2014 | by Eric B. Meyer

The Benjamin Moore color gallery contains, among others, Clinton Brown and Tucker Chocolate.

My virgin ears! I mean, how racist can you get?!? Or, so says Clinton Tucker, a former Benjamin Moore employee, who filed a complaint in New Jersey state court in which he alleges that these paint names are hella-racist.

According to Courthouse News Service (here), Tucker says that “being a black man named Clinton Tucker, the plaintiff found this to be extremely racially offensive.”

Nooses, n-words, and confederate flags, but no discrimination #shrm14

June 24, 2014 | by Eric B. Meyer

Over the weekend, I read this opinion in a race-discrimination with facts so egregious, they’d make David Duke blush.

Let me set the scene for you. This is a workplace where, allegedly, several of the white employees displayed Confederate flag paraphernalia. I’ll spare you a verbatim review of the racial graffiti and epithets — you can view it here — but, it was pretty darn bad. And what about multiple nooses in the workplace — eight in total.

[Sidebar: I once attended a deposition of an Ivy League-educated HR Manager who testified that there was a time when she did not understand how a hangman’s noose in the workplace would offend a black employee. Hubba-what?!? Folks, just so we’re clear here, a hangman’s noose is the single worst symbol of racial hate. Period. So eight of ’em is hella-bad!]

Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.

May 20, 2014 | by Eric B. Meyer

The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case.

Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio Employer’s Law Blog, I see your nude sunbather and raise you two white guys and a native american who dressed as klansmen at work, allowed themselves to be photographed, and then sued for race discrimination. Boom!

Yes, this really happened.

You’ve heard of the “one-free-grope” rule. How about the “two-free-slurs” rule?

May 14, 2014 | by Eric B. Meyer

It was Gloria Steinem who, in discussing President Bill Clinton’s indiscretions with Paula Jones and Kathleen Willey, fashioned the “one free grope” rule. That is, while not condoning President Clinton’s actions, Steinem concluded that one touching is not sexual harassment — at least as a matter law.

Well, yesterday, the Fourth Circuit Court of Appeals, saw Steinem’s “one-free-grope” rule and raised her a “two-free-slurs” rule.

In Boyer-Liberto v. Fontainebleu Corp., (opinion (here), a black plaintiff alleged that her co-worker referred to her as a “porch monkey” twice in two days, from which she claimed to have been subjected to a racially hostile work environment.