Tag: Race Discrimination

5th Circuit: One Racial Slur Is Enough to Win Lawsuit

After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the person’s lawyer. Read on.

6th Circuit Offers Tips on Managing Workplace Harassment, Discrimination Complaints

A new decision from the U.S. 6th Circuit Court of Appeals (which covers Michigan employers) provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act of 1964. 4 Separate Incidents Alleged Ronald Burns was employed as a maintenance technician by Berry Global, […]

Strong Evidence Needed to Prove Race Bias When Same Person Hired, Fired Worker

Title VII of the Civil Rights Act of 1964 forbids discrimination based on numerous protected categories (e.g., race) in any aspect of employment, including hiring, firing, pay, job assignments, promotions, and any other term or condition of employment. It’s not uncommon for employees to allege discrimination based on a protected category known at the time […]

Leaders

Immediately Address and Correct Racial Slurs…or Else

Nearly every Montana employer takes discrimination seriously and strives to keep it out of the workplace. But sometimes even the best intentions aren’t enough. A recent case from the Montana Department of Labor and Industry’s (DOLI) Office of Administrative Hearings (OAH) should serve as a stark reminder that the details are critical. If an employee […]

bias

When words used in a disciplinary report suggest implicit bias

by Barbara J. Koenig Implicit bias is an unconscious preference for or an aversion to a person or a group of people. In other words, we may have an attitude toward others or stereotype them without conscious knowledge of what we’re doing. If we act in accordance with our implicit bias, we may be discriminating […]

FEHA

Americans first: Preference for foreign workers can run afoul of federal laws

by Jacob M. Monty Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico […]

Comments and tweet using variation of ‘n’ word are protected speech

by Michelle Lee Flores Actor and writer Marlon Wayans’ use of the term “nigga,” his comments referring to an actor’s “afro” and comparing him to a black character on Family Guy, and his tweet, including a side-by-side photo comparison of the actor and the Family Guy character, were all protected speech, according to a trial […]

What’s in a name? Bias in the workplace

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a name—a name can convey a sense of identity, culture, and family history. Recently, a series of viral tweets illustrated how much something as simple as a name could affect an […]

Pizza discrimination?! Customer sues Florida Domino’s for employees’ alleged bias

by G. Thomas Harper A pregnant Moroccan Muslim woman has sued a Domino’s Pizza franchisee in Davenport over the quality of pizza and treatment she received from employees of the restaurant. The customer brought suit in state court in Polk County against the franchisee, Michael P. Jarvis, both as an individual and as the owner […]