Following up on my post on the subject, I had the opportunity to speak with Colin O’Keefe of LXBN regarding Nelson v. Knight, the case where the Iowa Supreme Court ruled that a dentist was not wrong in firing his assistant for being irresistible. In the interview, I explain the basics of the case and
Discrimination
Some Statements Are Simply, Inherently Racist
By Thomas J. Crane on
Posted in Discrimination
Some phrases are simply racist. That is, some phrases indicate discriminatory bias with no need for additional inferences. But, sometimes it requires a federal court of appeals to make that clear. The blog at Above the Law discusses the case of Autry v. Ft. Bend independent School District, 2013 WL 68370 (5th Cir. 1/7/13).
Many Americans See Only the Most Blatant Forms of Discrimination
By Thomas J. Crane on
Posted in Discrimination
Discrimination is still with us. Some folks disagree. Some folks only see the most blatant forms of discrimination, preferring to minimize the more subtle forms. Katie Eyer, at Workplace Prof Blog, mentions that psychology research shows some people just do not see anything but the most obvious forms of discrimination. See her post.
As…
The Scooter Store Settles Disability Lawsuit
By Thomas J. Crane on
Posted in Discrimination
My colleague and friend, Chris McKinney has mentioned a settlement by The Scooter Store. The Scooter Store, based in New Bruanfels, Texas, settled a case filed by the EEOC for $99,000. The EEOC represented James Sherman, a manager who sought accommodation for his disability. Mr. Sherman suffers from psoriatic arthritis and needed a temporary leave…
Southside ISD Trustee Loses Trial
By Thomas J. Crane on
Posted in Discrimination
Alma Guzman-Estrada worked for Southside Independent School District for 30 years. She was fired. She sued Southside ISD for discrimination and retaliation. Then she was elected to the school board. The former employee, now a school trustee, had her day in court and has now lost. See San Antonio Express News report. The judge…
Iowa Supreme Court Affirms Firing of Attractive Assistant Because She is Attractive
By Thomas J. Crane on
Posted in Discrimination
The Iowa Supreme Court ruled in favor of a dentist who fired a dental assistant because she was too attractive. The dentist said he and his wife found the assistant to be a threat to their marriage. Basing its decision on the Iowa Civil Rights Act, the high court said the termination was justified because…
School Trustee Sues Her Former Employer
By Thomas J. Crane on
Posted in Discrimination, Litigation and trial practice
I wrote about this case previously here. A woman filed an EEOC charge but was then elected to the school board of the employer against whom she had filed. Alma Rosa Guzman-Estrada worked for Southside Independent School District for 30 years when she was fired in 2010. Ms. Guzman-Estrada says she was fired two…
Court Rules Out Reinstatement
By Thomas J. Crane on
Posted in Discrimination
Under Title VII, a plaintiff can seek reinstatement if s/he wins the lawsuit. But, many plaintiffs do not want to return to their old job. No matter how much they may have loved their job, they fear returning to a discriminatory environment. With proper protections, the plaintiff’s attitude might change about returning. Many – actually…
Religious Accommodation Are Not That Hard
By Thomas J. Crane on
Posted in Discrimination
Jon Hyman, a defense lawyer, posts a nice piece about accommodating employees’ religious requirements. He discusses how not to provide religious accommodations: Disneyland refusing to allow a Muslim worker to wear a hijab, Burger King denying a Pentocostal employee’s request to wear a skirt instead of pants, and a New York University firing a worker…
Racism Includes Otherwise Unexplained Actions
By Thomas J. Crane on
Posted in Discrimination
Part of the problem in identifying racism is we as a country do not agree on what "racism" is. I remember back when I was in college in Ft. Worth, Texas in the 1970’s, a local federal judge was accused of racism because he sometimes used the n-word. Today, most of us would agree that…