The wrong way to diversify a workforce

May 15, 2016 0 COMMENTS

by Lynn M. Mueller

According to the 8th Circuit, three officials of the St. Louis Metropolitan Police Department who were seeking a diverse workforce violated Title VII of the Civil Rights Act of 1964 when they rejected a white male sergeant in favor of a black female sergeant for a transfer to an equivalent position with materially different working conditions.  Discrimination underlined with red marker

Assistant academy director job opens up

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Recent settlement highlights EEOC’s focus on vulnerable workers

February 14, 2016 0 COMMENTS

by Jeffrey D. Slanker and Rob Sniffen

The Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan (SEP) highlights several areas in which the agency is increasing its focus, including the protection of vulnerable immigrant and migrant workers. That focus was recently underscored by the agency’s settlement of a case involving allegations of national origin and race discrimination against an Alabama employer that employed Indian workers through the federal H2-B program. EEOC-jpg

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

January 17, 2016 0 COMMENTS

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 being photographed dressed in KKK garb couldn’t prevail on a theory of reverse race discriminationProtest against racism

Background

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Recent events confirm racists, misogynists are not extinct

June 14, 2015 0 COMMENTS

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 events provide some distressing reminders that bigotry is not dead.

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Let’s talk about race: the death of Tony Robinson

April 19, 2015 0 COMMENTS

by Saul Glazer

The recent police shooting of Tony Robinson put Madison in the national headlines. Thankfully, unlike last year’s events in Ferguson, Missouri, the protests following Robinson’s death have been peaceful. However, the incident has once again put a spotlight on how we view race relations. This article discusses race relations in general and the problems employers have with race issues in the workplace.Time for a conversation

Robinson shooting and reaction

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Anatomy of an employment lawsuit: best HR practices to help you win

April 19, 2015 0 COMMENTS

by Michael J. Modl

Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank to terminate the contractor, and place him on a corrective action coaching plan.  scales of justice

Tank then reports inappropriate racial workplace comments and objects to the level of discipline meted out to the employee who made the comments. He engages in unprofessional conduct after being placed on the corrective plan, and despite your request that he terminate the contractor, he doesn’t. He also raises concerns that he is being discriminated against in the workplace. As a result of coworkers’ complaints about him, you conduct a second investigation and conclude that discharge is the appropriate course of action.

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‘Microaggression’: a new form of discrimination?

March 15, 2015 2 COMMENTS

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 from a federal court that likely involved microaggression (although the conduct wasn’t described using that particular label), and provides a bottom line for employers.  Boss with employee

What is microaggression?

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Guidance for HR when racial tension spreads from streets to workplace

December 14, 2014 0 COMMENTS

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 Michael Brown in Ferguson, Missouri, a St. Louis suburb. Witnesses claim the 18-year-old unarmed Brown was trying to surrender when the officer shot him, but the officer claimed Brown was the aggressor.Workplace Argument

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‘Sex-plus’ discrimination claims are still viable

August 17, 2014 0 COMMENTS

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 is significant not only for its reinforcement of the notion that the various traits protected by Title VII necessarily coexist and shouldn’t always be considered separate from each other but also for its emphasis on the importance of e-mail evidence in discrimination cases.  StopRaceDiscrimination

Facts

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Supreme Court addresses, upholds state bans on affirmative action

July 20, 2014 0 COMMENTS

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.  AffirmativeAction

Background

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