Tag: Race Discrimination

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

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 […]

‘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 […]

‘Sex-plus’ discrimination claims are still viable

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 […]

Supreme Court addresses, upholds state bans on affirmative action

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 […]

A Sterling reputation tarnished

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 […]

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 […]

Training employees to eliminate unconscious bias

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 […]

Rental car company can’t drive off employee’s suit

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 […]

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 […]