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The Employer Handbook BlogWhen Timing Isn’t Everything: Why Pre-Complaint Documentation Can Defeat a Retaliation Claim
A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. Continue reading
Articles Posted in Race
When Speech Crosses the Line: Anti-Discrimination Laws Protect People, Not Their Opinions
When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. Continue reading
When implicit bias training turns into a hostile work environment claim
What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. Continue reading
When 31 Rejections Still Aren’t Enough Evidence of Bias
Imagine applying for the same promotion 31 times and never getting it. That happened to a state police lieutenant. He claimed discrimination, but the Fifth Circuit said the evidence did not add up. Continue reading
A Meme, a Minister, and a Judge Who Was Not Amused
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t laugh. Now a jury will decide whether this crossed the line from offensive to unlawful. Continue reading
Office, Email, Keys, Badge… No Lawsuit? Why the Court Said “Not an Employee” in a Discrimination Case
An onsite manager alleged race and sex discrimination, but the court never reached the substance of her claims. Why? Because she worked for a contractor—not the school network she sued. The case was dismissed.
Here’s what every employer who works with vendors, staffing firms, or third-party service providers needs to know. Continue reading
Hostile? Maybe. Discriminatory? Not So Fast.
Some employees make life miserable for their coworkers. They gossip, sabotage, and bully—but that doesn’t always add up to a viable lawsuit. In fact, a recent federal appellate decision reminds us that even the ugliest workplace conduct isn’t unlawful unless it crosses a very specific legal line. Continue reading
So You’ve Gotta File an EEO-1 Report. Now What?
If you’ve been staring at the words “EEO-1 Component 1” and thinking they sound like a rejected Star Wars droid, you’re not alone. But if you’re an HR pro at a private company with 100+ employees (or a federal contractor with 50+ employees and a contract over $50,000), you’ve got a legal obligation to get this right—and soon. Continue reading
Fired Over $15. Or Was It the HR Complaints?
Fired Over $15. Or Was It the HR Complaints?
A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags.
The Second Circuit said a jury should decide whether she was fired for taking the $15—or for speaking up. Continue reading
Hostile Work Environment Claims Don’t Need to Be Personal to Be Actionable
A Black lecturer in his 70s says a fellow professor in his department regularly made racially charged remarks—not necessarily directed at him, but about Black colleagues more broadly. A federal judge says that could be enough to support a hostile work environment claim under Title VII. Continue reading