Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious).  These efforts have their detractors.  A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts.  Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...
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Is Reverse Discrimination Different?

Darrell VanDeusen
Darrell VanDeusen
01/02/2024
“The Way it Is” by Bruce Hornsby and the Range (track 5 on their 1986 album of the same name) is one of my favorite songs in the “poignant” genre.  If you don’t know the song, take a listen.  Heck, take a listen again even if you do know it.  “The Way it Is” is a song about compassion.  The last verse goes: “Well, they passed a law in ‘64 To give those who ain’t got a little more But it only goes so far Because the law...
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Second Circuit Affirms Dismissal of Police Officer’s Title VII Lawsuit

A recent case from the Second Circuit presented an interesting fact pattern for law enforcement employers facing claims of discrimination by stereotype.  In Hanks v. City of Syracuse, a black police officer who was denied an assignment to a prestigious gun violence task force brought suit for race discrimination under Title VII, hostile work environment, and retaliation. The District Court dismissed the case for failure to state a claim, which the...
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Inconsistent Discipline Allegations Save Police Dispatcher’s Race Discrimination Claims

Consistent treatment of similarly situated employees is one way in which employers can defend against claims of discrimination.  Inconsistent treatment, however, can support allegations of discrimination.  A recent decision from Maryland federal court provides an instructive example of how inconsistent enforcement of work rules and disciplining comparable employees differently can create problems under anti-discrimination laws.  Jones v. City of...
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The Difference Between Race and Racism

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...
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Prompt Response to Workplace Harassment Complaint Defeats Title VII Claim

Kollman & Saucier
Kollman & Saucier
01/25/2023
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. ...
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Whole Foods Survives Challenge to Dress Code Related Discipline

Kollman & Saucier
Kollman & Saucier
07/01/2022
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...
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Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

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...
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Professors Are Not Widgets

Kollman & Saucier
Kollman & Saucier
05/05/2022
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...
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Vague Allegations Doom Physician’s Discrimination Claim

Kollman & Saucier
Kollman & Saucier
03/11/2022
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...
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