Category Archives: Employment Discrimination

One Racial Slur is One Too Many, Rules Third Circuit

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in Castleberry v. STI Group, No. 16-3131 (3d Cir. July 14, 2017). In Castleberry, two African American males were employed as general laborers.  They claimed that while working on a fence-removal project, their supervisor threatened to fire them if they “n[****]r-rigged” the fence.  The incident was confirmed by their coworkers and reported thereafter by the employees to a superior.  Two weeks …

[ CONTINUE READING ]

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the federal, state, and local employment laws and regulations out there at the moment. And if you’re an employer with employees in multiple states across our great country, forget about it. (On second thought, don’t forget about it, just delegate figuring that mess out to your favorite employment lawyer.) Case-in-point, the many and varied laws out there regarding the protections afforded LGBT employees.

I Resolve . . . Not to Get Sued for Religious Discrimination and Harassment

As we close the books on 2015, fueled in no small part by the terrorist attacks in Paris and San Bernardino, the immigration crisis in Europe, our own crazy election-cycle politics, etc., etc., there is a palpable anti-Muslim rhetoric that’s plowing its way through social media and, quite possibly, making its way right to your company water cooler. And, as if we needed more fuel for the fire, religious awareness (and sometimes, real or perceived religious intolerance) is heightened during the holiday season. It’s an employer’s perfect [snow]storm. As put mildly by the Society for Human Resources Management (SHRM), terrorist …

[ CONTINUE READING ]

It Ain’t Over…Managing Weighty Workers Before They Manage You

Because this is exactly what you want to hear after you’ve gorged yourself on turkey, stuffing, and pumpkin pie over the last several days . . . Earlier this month, the Centers for Disease Control issued a report confirming what we already know: Americans are getting bigger, but not necessarily better. Bigger, as in, time to cut out the butter. According to the CDC’s report, nearly 38% of Americans are considered obese (defined as anyone with a BMI ≥ 30). Add to that the American Medical Association’s recognition in 2013 of obesity as a disease and you are talking about …

[ CONTINUE READING ]