Race Discrimination Archives - Kollman & Saucier P.A.

The Difference Between Race and Racism

Darrell VanDeusen

05/26/2023

Employment Discrimination, Race Discrimination, Wrongful Discharge

You may recall an event in Central Park in mid-2020 that involved a woman who called the police when she encountered a birdwatcher. The birdwatcher was Black. The woman was white. Video of the incident went viral. I’ll spare you the link, but it’s still available (isn’t everything) with a quick search of “Central Park Karen,” as the incident became known. Amy Cooper was walking with her dog off leash in the Bramble, which is...

Garrett Wozniak

01/25/2023

Employment Discrimination, Race Discrimination

What should an employer do when it learns of potential workplace harassment? Hudson v. Lincare, Inc., No. 22-50149 (5th Cir., Jan. 18, 2023), offers a recent example of how an employer should respond when an employee (or other individual, for that matter) alleges unlawful workplace behavior: take the report seriously and protect employees from the harassing behavior, conduct an appropriate investigation, and take action to stop the harassment. ...

Garrett Wozniak

07/01/2022

Race Discrimination

It was not that long ago when most workers who were working in person wore masks or other face coverings as a safety precaution. Masks come in many variations – a single color, patterned, or even descriptive, with slogans, logos, and other messages and images. Whole Foods’ dress code “prohibits employees from wearing clothing with visible slogans, messages, logos, or advertising that are not company-related.” Prior to...

Kollman & Saucier

06/03/2022

Public Sector Employment Law, Race Discrimination, Virginia Employment Law

The United States Court of Appeals for the Fourth Circuit recently denied an Alexandria, Virginia firefighter's claim that he was denied a promotion to a paramedic position because he is Black. Lyons v. City of Alexandria, No. 20-1656 (4th Cir. 6/1/22). The Court affirmed a grant of summary judgment to the City of Alexandria, finding that the Appellant had misunderstood the City's promotion policy and failed to present any evidence of racial...

Garrett Wozniak

05/05/2022

Race Discrimination

In a recent decision, Palmer v. Indiana University, et al., No. 21-1634 (7th Cir. Apr. 14, 2022), the Seventh Circuit Court of Appeals affirmed summary judgment in favor of Indiana University and its trustees in a suit brought by a lecturer in the school’s business marketing department. Palmer, a lecturer and then senior lecturer, alleged that he was denied an early promotion because of his race and was paid less than a white colleague in...

Garrett Wozniak

03/11/2022

Race Discrimination

A recent decision from the Fourth Circuit Court of Appeals, Nadendla v. Wakemed, No. 21-1300 (4th Cir. Jan. 21, 2022) provides a reminder of a plaintiff’s burden when asserting claims of race discrimination under a federal statute commonly referred to as Section 1981. Haritha Nadendla is a physician of Indian origin who had clinical privileges and was on the staff of Wakemed Cary Hospital in North Carolina until May 2017. After being notified...

Kollman & Saucier

03/02/2021

Employment Discrimination, Race Discrimination

A Maryland federal judge has ruled that an employer must stand trial on claims by a former white employee who alleged she was terminated to set an example of the company’s commitment to fight racism. In Wethje v. CACI-ISS, 2021 U.S. Dist. Lexis 34543 (D. Md. 2/24/21), Judge Paula Xinis denied the company’s motion for summary judgement on the employee's claims of race discrimination under Title VII and Section 1981. The case arose when CACI...

Garrett Wozniak

01/09/2020

Race Discrimination

It is unfortunately no surprise that people do stupid things. Some people do inexcusable things. And sometimes those things amount to racial discrimination and harassment. A recent decision from a federal court in Texas demonstrates the importance for employers to take prompt action to address discriminatory behavior in the workplace. Such responses are the right thing to do and can also help employers avoid liability under...

Kollman & Saucier

12/10/2019

Employment Discrimination, National Origin, Race Discrimination

The U.S. District Court for the District of Maryland recently ruled that a former employee of the Washington Metropolitan Area Transit Authority (WMATA) may proceed with trial in his race and national origin discrimination case against the transit service agency based, in part, on several of the employer’s questionable assertions concerning their hiring process. Thomas v. Washington Metropolitan Area Transit Authority, No. PX-18-00175 (D. Md....

Kollman & Saucier

10/16/2019

Employment Discrimination, Race Discrimination

Job descriptions are important tools in a variety of ways. What an employer puts (or doesn’t put) on a job description can make a big difference when defending an employment action down the line. For one, a job description can help employers satisfy ADA obligations by properly identifying a job’s essential functions and distinguishing them from the job’s marginal functions. This is because the ADA generally protects qualified...

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The Difference Between Race and Racism

Prompt Response to Workplace Harassment Complaint Defeats Title VII Claim

Whole Foods Survives Challenge to Dress Code Related Discipline

Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

Professors Are Not Widgets

Vague Allegations Doom Physician’s Discrimination Claim

White Employee Gets Trial on Claim She Was Fired to Send Message Against Racism

Employer’s Swift and Harsh Actions Defeat Harassment Claim

Failure to Hire Claim May Go to a Jury After Court Doubts Employer’s Assertions

Employer's Departure from Job Description Can Be Evidence of Pretext

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Category: Race Discrimination

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