Tag: race harassment

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, […]

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 […]

Don’t let Confederate flags lead to interoffice civil war

by Connor Beatty While enjoying a scenic drive along the Maine coast recently, I was startled to come across a giant Confederate flag prominently displayed in a house’s front yard. Less than a week later, a client contacted our firm to ask for advice in responding to an employee’s claim that a vehicle with a […]

Employees who posed for photo as KKK members lose race bias case

by Emily Bensinger Edmunds It should go without saying that dressing up as a Ku Klux Klan (KKK) member in modified work clothing at work is unacceptable conduct in the eyes of any employer. As this case from the U.S. District Court for the Eastern District of Pennsylvania shows, three employees who were fired after […]

Recent events confirm racists, misogynists are not extinct

by Dinita L. James Last July, the nation celebrated the 50th anniversary of the Civil Rights Act of 1964. The focus rightly was on how far we have come as a society in eliminating discrimination on the basis of race, color, religion, national origin, or sex. Close on the heels of that celebration, however, recent […]

‘Microaggression’: a new form of discrimination?

by Ryann E. Ricchio Discussions about “microaggression” have become more common in the mainstream media. A simple Google search reveals college websites documenting students’ recently experienced microaggressions and articles analyzing microaggression from major media sources, including National Public Radio and the New York Times. This article provides the definition of microaggression, examines a recent case […]

Guidance for HR when racial tension spreads from streets to workplace

As protests rage around the country following recent grand jury decisions in Missouri and New York not to indict police officers involved in the deaths of two unarmed black men, employers may find tension spilling into the workplace. In November, a grand jury decided not to indict Officer Darren Wilson in the shooting death of […]

Rude isn’t racist: Supervisor’s alleged poor treatment doesn’t amount to discrimination

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 […]

Lessons from an office ‘kick me’ prank

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 […]