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Trying an employment case to a jury is an art. You are limited by a jury's attention span (which, by the way, is getting worse as a result of 1,000 channel cable systems and 140 character tweets) to convey your message as quickly and as simply as possible. Complex legal arguments are out; creative...

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...

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...

NLRB Upholds Racist Speech as Protected Activity Under National Labor Relations Act

by Andrew J. Barber In a ruling which was a bit of a surprise to some in the employer community, a Judge of the National Labor Relations Board recently concluded that racist a speech made during picketing of an employer qualified as protected activity under Section 7 of the National Labor Relations...