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
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
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
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
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
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
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
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
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
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