Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, color, religion, race, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. But, the statute does not apply to all businesses. An employer must have 15 or more employees for Title VII to apply. For the Age

Many workers believe they have been subjected to discriminatory comments by co-workers. Harassment by co-workers is sometimes referred to as a hostile work environment. It does not become actionable until management becomes aware of the harassment and fails to take action. But, what if the perceived discrimination is not necessarily discrimination? In Barnes v. Prairie

The trial for the “toughest sheriff” has concluded. I previously wrote about that trial here. The “toughest sheriff” has chosen a strange defense. As his trial reached its conclusion, his attorney argued that the “toughest sheriff” did not have a good lawyer. The lawyer did not explain the judge’s ruling to him, for eighteen

Coach Bev Kearney was placed on suspension in 2012 when it was discovered she had a long-term relationship with a student. Even though she had won six national track titles at the University of Texas, she was disciplined when the administration learned of the affair. She was then fired. See my prior posts here and

Well, it almost seems like “piling on,” but Donald Trump has made yet another troubling comment about a protected minority. In 2004, he was asked about one of his high level staffers, a woman who became pregnant. The real estate developer commented on Dateline NBC that it was an “inconvenience” when a female employee becomes

Paul Ryan says Donald Trump’s comments about Judge Curiel are “textbook” racist comments. But, I practice discrimination law and I am not sure what textbook racist comments are. Like most lawyers, I look to pertinent statutes for authority. Title VII of the Civil Rights Act describes discrimination as a personnel action that cannot otherwise be

So, back in 2012, the presidential election was between Barack Obama, son of a black father and white mother, and Mitt Romney, whose father was born in Mexico. Don Trump’s spokesperson tweeted at the time: “Perfect Obama’s dad born in Africa, Mitt Romney’s dad born in Mexico. Any pure breeds left?” See CBS news report

Three back-up dancers have filed suit against Cher. They claim she fired them because they are African-American. Cher’s tour, "Dressed to Kill," has been very successful. But, she reportedly said her back-up dancers had too much color. She allegedly told choreographer, Kevin Wilson, not to hire any more dark skinned dancers. The lawsuit was filed

Is attendance at one’s job an "essential function" of the job? That is a critical issue if a worker encounters illnesses and treatment that require time away from work. If everyday attendance is required for every job, then an injured worker who needs time off would not be protected by the ADA. Because, that