Category Archives: Retaliation

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 …

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California Equal Pay a Reality In 2016

California employers, prepare yourselves (again). The State has added a larger arrow to the plaintiff’s quiver – more equal pay. Decades before the Lily Ledbetter Fair Pay Act was implemented, California had a comparable equal pay statute in place. Enacted in 1949, the California Equal Pay Act (“Old Act”) provided equal pay protections to the opposite sex. But, the Old Act did not age well, its flaws uncovered. Critics bemoaned the Old Act’s limitations, including a difficult burden of proof, ambiguous affirmative defense, and the lack of an anti-retaliation provision found in other employment statutes. The time had come for …

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