Race Discrimination Archives - Page 2 of 3

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

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...

Kollman & Saucier

08/02/2019

Hostile Work Environment, National Origin, Race Discrimination, Religious Discrimination

A recent case out of the U.S. District Court for the Northern District of Illinois demonstrates how a supervisor’s repeated derogatory comments about an employee’s Middle Eastern background and religion that forced her to take medical leave became a triable discrimination claim. Odisho v. U.S. Bancorp, Inc., No. 16 C 11121 (N.D. Ill. 7/24/19). Juliet Odisho worked as a Structured Finance Analyst for US Bank (“Bank”) where she reported...

Kollman & Saucier

08/01/2019

Direct Evidence, Race Discrimination

I recently blogged about a case where a supervisor told an employee that she “[couldn’t] stand [his] black ass” in an altercation that culminated in the employee’s termination. There, despite the closeness in time between the comment and the employment decision at issue, the court found insufficient evidence of unlawful discrimination, and the employer won the case. More recently, a case out of Maryland’s federal district court...

Kollman & Saucier

07/18/2019

Race Discrimination, State Law

New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law. Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” This includes, but is not limited to,...

Kollman & Saucier

07/17/2019

Race Discrimination

In a recent unpublished decision, the Eleventh Circuit held that an African-American former employee could not get past summary judgment on his Title VII and Section 1981 race discrimination claims. Williams v. Housing Opportunities for Persons with Exceptionalities, No. 2:17-cv-00468-ACA (11th Cir. 7/15/19). Williams worked as a direct care provider for Housing Opportunities for Persons with Exceptionalities (“HOPE”). He worked...

Kollman & Saucier

07/08/2019

Legislative Developments, Race Discrimination, Reasonable Accommodations/Undue Burden

This past week marked not only the anniversary of our Independence Day, but also the 55th anniversary of the enactment of the Civil Rights Act of 1964. Amidst this well-deserved fanfare, California became the first state to make hairstyle a protected status under its state anti-discrimination law, the Fair Employment and Housing Act (FEHA). Presently, employers who take actions based on an individual’s headwear, when worn for religious reasons...

Garrett Wozniak

06/06/2019

Pretext, Race Discrimination

Peggy Gordon worked for Holy Cross Hospital Germantown, Inc. from April 2012 until February 2017. Gordon had a spotless employment record until an incident on February 22, 2017. That evening, when Gordon went to draw blood from a patient, the patient refused to let her do so and asked for another nurse. Gordon stopped the procedure, apologized to the patient, and left the room. She also reported to the charge nurse that the patient was upset...

Kollman & Saucier

04/26/2019

Pretext, Race Discrimination, Retaliation

To prevail in an employment discrimination case, the plaintiff is required to present evidence of pretext by his or her (former) employer. What exactly does pretext mean, though, at a practical level? The Fourth Circuit Court of Appeals recently explored this concept in holding that a former trash truck driver was entitled to go to trial based on sufficient evidence that his former employer’s proffered reason for terminating him was a...

Darrell VanDeusen

11/14/2018

Employer Liability, Hostile Work Environment, Litigation, Race Discrimination

Over my career, I have dealt with my share of “you can’t make this up” situations. The kind where outrageously offensive or harassing workplace behavior has occurred, and the employer needs to – and wants to – figure out who did it and take steps to stop it from happening again. Indeed, that’s one of the benefits of representing management: you can have the chance to assist in helping change culture (even if that “culture” appears...

Kollman & Saucier

08/02/2018

Employment Discrimination, Race Discrimination, Religious Discrimination

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.” Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and a Catholic father. Though Bonadona was raised in the Jewish religion, he converted to Christianity while attending Louisiana College...

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

Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

Court Finds Client Remark About “Rednecks” To Be Direct Evidence Of Discrimination

New York Bans Race Discrimination Based on Hairstyle

Employee Can’t Prove Supervisor’s “Black Ass” Remark Motivated His Termination

New California Law Adds Protected Status Based On Hairstyle

Hospital Dodges Discrimination Claim Despite “Unfair” Termination

Fourth Circuit Holds That Employer’s Shifting Story Is Evidence Of Pretext

When is Enough Harassment Investigation Enough?

Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

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Category: Race Discrimination

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