News & Analysis as of

Racist Remarks

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

ArentFox Schiff on

It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

ArentFox Schiff

Grounds for Liability: Massachusetts Appeals Court Evaluates Standard for Employer’s Vicarious Liability

ArentFox Schiff on

This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more

Fox Rothschild LLP

Blatant Misogyny and Racism at an Employment Defense Firm? Yes #MeToo Is Still Relevant

Fox Rothschild LLP on

How many times do people feel a twinge of misogyny, racism, anti-LGTBQ bias, or just that they work in an “old-boys network”? And when asked for examples, they might seem trivial, but the person knows in their heart that...more

Miles & Stockbridge P.C.

Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work...more

FordHarrison

EntertainHR: Top 10 Most-Viewed Posts of 2022

FordHarrison on

As 2022 winds down, our EntertainHR blog approaches its eight-year anniversary next month. As we’ve adapted to the new world of work—be it remote, hybrid, or in person—HR pros gain new perspectives on what not to do in the...more

FordHarrison

Kanye’s Getting Cancelled: How to Respond to Employees’ Racist Comments

FordHarrison on

Kanye West’s anti-Semitic comments on Instagram and Twitter have prompted a swift backlash by businesses formerly associated with the rap and fashion mogul. Thus far, West has been dropped by Gap, Balenciaga, Adidas, talent...more

Constangy, Brooks, Smith & Prophete, LLP

Nevada court fumbles NFL's effort to take Gruden dispute to arbitration

NFL says it will appeal. In October 2021, Las Vegas Raiders head coach Jon Gruden was forced to resign after the revelation of emails in which he made racist, sexist, and other unprofessional comments. ...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Obermayer Rebmann Maxwell & Hippel LLP

Key Takeaways for Employers from the $137 Million Race Harassment Verdict Against Tesla

On October 4, 2021, a federal jury in California awarded $136.9 million to a Black former Tesla subcontractor, Owen Diaz, after finding that Tesla subjected him to a racially hostile work environment. The jury awarded Diaz...more

Parker Poe Adams & Bernstein LLP

Tesla Hit With $137 Million Jury Verdict for Racially Charged Workplace

On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Tribunal Rules - ‘Stale’ Standalone Training Proves Insufficient Defence to Race Harassment Claim

Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person...more

Spilman Thomas & Battle, PLLC

Profane, Racist and Sexist - NLRB Rewrites Rules

The National Labor Relations Board ("NLRB") is expected to rewrite its rules protecting employees who violate employers' policies when they use profane, racist or sexist language. In September, the NLRB requested public...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Sheppard Mullin Richter & Hampton LLP

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

FordHarrison

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

FordHarrison on

Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Hinshaw & Culbertson LLP

Being Called a Racist Is Not Unlawful Harassment If Comments Are Not Racially Motivated

Employers are equipped and know how to handle complaints of racial discrimination and harassment—or at least should be so prepared. However, facts have a funny way of developing into novel situations. What happens, for...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Racist Comment Not Justification for Terminating Striking Worker

Under most employers’ anti-discrimination and harassment policies, an employee who makes overt racist comments toward a co-worker would likely face termination. In addition to the moral and ethical purposes behind such...more

Bass, Berry & Sims PLC

8th Circuit Panel Rules NLRA Protects Picketing Employee’s Racist Remarks

Bass, Berry & Sims PLC on

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults. In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a...more

Fox Rothschild LLP

Yes, Neo-Nazis At Charlottesville Can Be Legally Fired From their Jobs

Fox Rothschild LLP on

First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Termination of Public Employee for Social Media Comments

A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more

Butler Snow LLP

The Future After Being First: Why I’m Hopeful About The Next Four Years

Butler Snow LLP on

In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has...more

Bass, Berry & Sims PLC

Does the NLRA Protect Racist Insults by Picketing Workers?

Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide