Discrimination

Subscribe to Discrimination via RSS

In every settlement of a discrimination claim, the employer always require a confidentiality clause.  In this clause, the employee agrees to reveal the terms of the settlement only to a select few persons, such as a spouse and an accountant.  The rationale offered by the employer is that otherwise, they will face numerous other lawsuits…

Words have meaning.  If a person uses a racial slur and an otherwise inexplicable adverse personnel action occurs, then we may have pretty good circumstantial evidence of racial discrimintion.  So, what is a racial slur?  One candidate for the Texas Senate seat, Chris Mapp, said "wetbacks" should be shot.  Mr. Mapp hails from Port O’Connor…

The report regarding the harassment of Jonathan Martin has been issued.  It finds that he was bullied.  That is not a surprise.  I previously wrote about the harassment of the NFL player  here.  The NFL investigator found that guard John Perry and center Mike Pouncey followed Richie Incognito’s lead in harassing Mr. Martin.  Mr.

A recent decision by the Fifth Circuit Court of Appeals illustrates one of the many challenges in showing discrimination.  In Lawson v. Graphic Packaging International, Inc., No. 13-30205 (5th Cir. 12/13/13), the plaintiff (a Human Resources manager at a paper mill) attempted to show a pattern and practice of discrimination by testifying about other…

In a recent opinion, the Fourth Circuit Court of Appeals has found that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act, as amended.  Carl Summers hurt himself on the job.  He was carrying a large bag and injured both legs.  With a torn meniscus and a leg fracture…

There are reams of social science on what "discrimination" is.  How is it formed?  What level of bias rises to the level of "discrimination"?  These questions and more abound.  We see these questions regarding the hiring of Charley Strong, the first black head football coach at the University of Texas.  UT is famous or infamous…

Emails can reveal so much.  In an ongoing dispute between the Texas Windstorm Insurance Association and the Brownsville Independent School District, the plaintiff obtained thousands of emails between various quasi-state officials.  The emails concerned Brownsville ISD’s requests for insurance coverage for damage caused by Hurricane Dolly in 2008.  The emails reveal frequent racist comments that…

People like to joke about a "hostile work environment."  But, what is an actual hostile work environment?  Essentially, hostile work environment means the discrimination is perpetrated by co-workers, not by supervisors.  A finding of a hostile work environment requires that 1) the employee belong to a protected group, 2) s/he was subjected to unwelcome harassment…

Justin Slaby has walked a long road.  He lost his left hand in an Army training accident in 2004.  He applied for and was accepted by the FBI.  He was then kicked out of the FBI Special Agent academy.  He filed suit based on disability discrimination and won. The court ruled that he should not…

Well, she said she would and now she has.  Coach Bev Kearney filed suit against the University of Texas alleging race discrimination.  She has filed suit alleging discrimination based on race and gender.  I previously wrote about her EEOC charge here and here.  In her lawsuit, she claims that she was treated differently than…