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Employers Beware: Credit Checks May Expose You to Unwanted Discrimination Claims

By Mona M. Stone This Emerging Issues Analysis by attorney Mona Stone explores the issue of credit checks and discrimination. “Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal Employment Opportunity Commission (EEOC),” writes...

Fix Racial Harassment Before Hostile Environment Starts Affecting Employee Performance

by The HR Specialist: North Carolina Employment Law Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Usually, poor performance is a rock solid discharge reason. But...

Bad Things Happen When Management Fires HR Personnel Who Protests Racist Hiring Practices

Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice [ an enhanced version of this opinion is available to lexis.com subscribers ]. Following an interview between a dentist in her practice and an African-American...

Your Corporate Message Against Discrimination Must Start at the Top

By now, you’ve likely read about Donald Sterling, the now-banned owner of the Los Angeles Clippers, caught on tape by his ex-girlfriend making racist comments. This story teaches an important lesson about corporate culture and your workplace. If your company has a culture of condoning this type...

Racial Talk at Work? Beware of Reverse Discrimination.

“What’s good for the goose . . .” When I do harassment training, I ask my audiences whether they think employers should ban the “N” word even when it’s used by African-Americans among themselves. In my experience, the African-Americans in the audience have been...

How Two Racial Slurs in 24 hours Can Create a Hostile Work Environment

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment. Yeah, about that. Even a few isolated comments can create a hostile work environment. In Boyer-Liberto v. Fontainebleu...

Is This New Harassment Decision the End of the World for Employers?

Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs’ lawyers popping the champagne corks? Is the EEOC dancing for joy? The employment law world is abuzz about last week’s racial harassment/retaliation decision from my own U.S. Court...

Get in the Zone … the No-Blacks Zone

Does Title VII permit an employer to staff its stores based on the racial composition of its customers? That’s the question at the heart of EEOC v. AutoZone , currently pending in federal court in Chicago. In the lawsuit, the EEOC alleges that the auto-parts retailer transferred African-American...

Title VII Limitations Period Arguments Held Before U.S. Supreme Court

WASHINGTON, D.C. — The clock starts ticking in cases brought under Title VII of the Civil Rights Act of 1964 “when the cause of action is complete,” meaning that “a constructive discharge claim is complete only after the employee resigns,” the attorney representing a former...