Discrimination

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Many white folks just do not see the biases in our society that minorities see. Survey after survey reflect this lack of vision. We see that dichotomy again in the situation involving the University of Missouri football team. The team is threatening to “strike” a game not because the University President has been racist or…

Donald Trump makes racist comments about Hispanics and seems to suffer no repercussions. He is set to host Saturday Night Live on Nov. 7. The Congressional Hispanic Caucus has asked NBC to rescind the invitation to Mr. Trump to host SNL. See CBS news report. If this were a lawsuit, his remarks about Hispanics…

Work place harassment is still with us. And, courts still struggle with the term “severe or pervasive.” To rise to the level of work place harassment, conduct must be “severe or pervasive.” In Sanders v. Christus Santa Rosa PASC, 995 F.Supp. 2d 626 (W.D. Tex. 2014), the court looked at the totality of the…

In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you…

I previously wrote about an employer who fired a female employee when she became pregnant. The Houston office of Wayne Wright, LLP then sued her after she filed a charge with the EEOC. See my prior post here. At about the same time as those events unfolded, the same law firm, Wayne Wright, LLP,…

Many years ago, when I was a captain in the Texas National Guard, I was involved in a new military unit. It is not often in one’s career that you are involved in “standing up” a brand new unit from scratch. Our RCPOC (Rear CP Operations Cell) had a new paragraph and line number on…

Target has reached a settlement with the Equal Employment Opportunity Commission for $2.8 million regarding Target’s use of personality tests in hiring. It no longer uses the tests. But, it formerly used the tests for executive and professional level hiring. Target dropped the tests when the EEOC started its investigation in 2006. The EEOC’s investigation…

Sid Miller, Texas’ new head of the Department of Agriculture, is kind of amusing. At the beginning of his term, he announced with apparent relish that cupcakes were now allowed back onto school menus. He made his announcement while biting into a very tasty looking chocolate cupcake. A few months later, he announced the fryer…

There are some theories of law that some courts and most defense lawyers rely on to undermine otherwise good discrimination cases. One of those theories is the “stray remarks” doctrine. In general, the stray remarks doctrine holds that some remarks by management are so remote from the adverse personnel action that they are not relevant.…