Tag Archives: racial discrimination

Twitter, TikTok, and Termination: Navigating Employees’ Social Media Usage

Ver la versión en español aquí With approximately 3.6 billon people expressing themselves using social media platforms such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and most recently, TikTok, employers have to ask themselves some important questions regarding their employees’ usage of these applications.  Should employers set boundaries as to what they will or will not … Continue Reading

Black Lives Matter Apparel At Work – Legal, Business and Social Considerations

Ver la versión en español aquí The Black Lives Matter (“BLM”) movement has sparked significant emotion in the past few months.  As the NBA restarts the season, TV viewers will see the phrase emblazoned on the courts and on some players’ jerseys.  What you won’t see on TV are the large employers which have faced … Continue Reading

Why Can’t We All Just Get Along?

Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert.  Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated September 18, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China.  The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading

Employment Laws Percolating Through the Florida Legislature

Ver la versión en español aquí 2020 Session is upon us and there are some interesting labor and employment bills percolating through the Florida Legislature. Here are few particularly notable bills that caught our eye: Minimum Wage Minimum wage is a frequent flier in the Florida Legislature and 2020 is no exception. One pending bill … Continue Reading

Religious Discrimination: Gone Today, Hair Tomorrow

Ver la versión en español aquí As an update to this post from April, New York recently became the second state to prohibit race discrimination based on hair bias. The bill, signed into law on July 12: Prohibits race discrimination based on natural hair or hairstyles; defines “race” for certain specific purposes to include, but … Continue Reading

Grooming Standards: No Longer So “Hair-Larious”

Ver la versión en español aquí After seeing several players’ hair covering their jersey numbers during a performance of the Star Spangled Banner, former New York Yankees’ owner, George Steinbrenner, instructed the players to cut their hair. It was then, in 1973, that the New York Yankees’ grooming policy was born.  The official team policy … Continue Reading

Is Your Office Halloween Party Frightening The HR Department?

Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho.   I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect … Continue Reading

Halloween is a Scary Time for Employers

Ver la versión en español aquí I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading

The EEOC Rings Out 2016 with End of the Year Stats

Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading

Halloween Costumes at Work Could be “Tricky”

Ver la versión en español aquí At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer.  First, while many will revel in the opportunity to wear a … Continue Reading

Employees Behaving Badly II: Did He Really Say That?

Ver la versión en español aquí I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things … Continue Reading

True Colors – Can Naming a Paint Color Be a Discriminatory Act?

Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading

Hey, NBA Commissioner Silver, Way to Flex Your HR Muscle

Kudos to NBA Commissioner Adam Silver, who, like a true HR professional, fined Los Angeles Clippers owner Donald Sterling $2.5 million and banned Sterling for life from the NBA. The punishment came last week on the heels of a leaked audio recording in which Sterling is heard scolding V. Stiviano, Sterling’s “personal assistant” (code name … Continue Reading

EEOC Focuses on Plethora of Legal Issues Raised by Employer-Sponsored Wellness Programs

On May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting with representatives from employers, advocacy groups and insurance providers to discuss issues raised by employee-sponsored wellness programs in the context of the Americans With Disabilities Act and Genetic Information Non-Discrimination Act as well as age, national origin, race and sex discrimination. … Continue Reading

Halloween Horrors for Employers

Are you allowing your employees to dress up as ghosts, goblins and ghouls this Halloween?  Celebrating Halloween in the workplace is a “treat” but employers should be aware of the risks.  Here are some “real life” workplace horror stories: Religious Discrimination: The Equal Employment Opportunity Commission (“EEOC”) sued a company for firing an employee, who … Continue Reading

Employers Beware: Tort Claim Against Supervisor Revived on Appeal

A Florida appellate court (Alexis v. Ventura, Fla. 3d DCA June 29, 2011) has revived an employee’s tortious interference against her former supervisor.  Ketlyne Alexis originally sued her former employer, Arbor E & T, for harassment and discrimination.  Alexis then added Lilliam Ventura, her immediate supervisor, as a defendant to a tortious interference claim in … Continue Reading

Court Says $2.5 Million Discrimination Case Should Have Never Gone to the Jury

Florida’s Third District Court of Appeal recently reversed a hefty jury verdict in favor of the employee and directed the trial court to enter final judgment in favor of Florida International University (“FIU “).  See St. Louis v. FIU, Third District Court of Appeal, No. 3D08-2316, March 30, 2011.  The case was a big win for … Continue Reading

Changes to the Fair Credit Reporting Act Take Effect July 21

The Fair Credit Reporting Act (FCRA), the federal statute that places limits on an employer’s ability to use background checks on employees and potential hires, will soon add a new requirement.  Employers’ use of background checks, and credit history checks in particular, has come under scrutiny.  The Equal Employment Opportunity Commission has pursued disparate impact … Continue Reading

Reminder: An Office Romance May Be the Root of Retaliation Claim

This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint.  See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011).  North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
LexBlog