Practical HR Tips, News & Advice. Updated Daily.
by Rachel E. Burke The U.S. 6th Circuit Court of Appeals recently addressed the issue of whether a “sex- plus” claim of discrimination, in which a former employee claimed that she was discriminated against specifically for being an African-American female, can be made under Title VII of the Civil Rights Act of 1964. The case […]
By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on. Background In 2003, two U.S. Supreme Court decisions […]
by Kylie Crawford TenBrook, Best Western International, Inc. In April, recordings of Los Angeles Clippers owner Donald Sterling making racist remarks to his half-black, half-Mexican girlfriend assistant* surfaced. Among those remarks were the following: It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to? You […]
by Carrie Pond A Kentucky federal court recently dismissed a claim of hostile work environment racial harassment because the employee failed to show the harassment was race-based. Despite allegations that, if believed, demonstrated the employee’s supervisor “treated [her] very badly,” she failed to establish that the treatment was racially motivated. Facts Marilyn Harris, who is […]
by Matthew A. Lafferman Everyone has unconscious or subconscious preferences. Generally, we all prefer to associate or socialize with people who share our background and interests. As a consequence, we often aren’t aware of our preferences, identifying our behavior only when it’s pointed out by someone else. Unfortunately, we carry our hidden biases into the […]
by Brian J. Kurtz Is it technically race discrimination under Title VII of the Civil Rights Act of 1964 if you terminate an Assyrian employee because you think he is an Arab? An Illinois district court recently faced that question. Less than courteous Afram Boutros, an Assyrian of Lebanese descent, went to work for […]
by Robert P. Tinnin, Jr. Q I recently read a newspaper article concerning a lawsuit filed in federal court in Albuquerque by an Intel employee who is suing his employer for race-based harassment and intentional infliction of emotional distress. Coworkers secretly taped a “kick me” sign to his back and then kicked him as others […]
by Kevin McCormick In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under […]
by John Phillips In the movie 42 when the Dodgers played the Redlegs in Cincinnati for the first time after Jackie Robinson had become a Dodger, the Reds’ fans greeted the Dodgers with considerable vitriol—like they were greeted at every ballpark where they played during Robinson’s rookie year. The Dodgers took the field, and the […]
by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]