Tag: Race Discrimination

Case Study: Postal Worker’s Retaliation Claim Comes Up Short

It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or […]

Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

Case Study: Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

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 […]