Racial Harassment

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    Just as sexual harassment charges filed with the Equal Employment Opportunity Commission (EEOC) are on the rise, so are racial harassment charges. In 1990, only one racial harassment charge was filed with the agency. In 2014, that figure rose to 8,826 charges filed. The statistics don't include the number of racial harassment charges that were...

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    In the preceding article, we reported on a case in which the court found an employee's evidence wasn't sufficient to support a claim of reverse race discrimination. But in this case, a federal court rejected an employer's request to dismiss a reverse discrimination lawsuit, finding the facts alleged by the employee properly asserted a plausible...
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    The 6th Circuit recently reaffirmed that failure to train an employee can be an actionable form of discrimination. Facts Charles Reed, an African American, began working as a technician at Procter & Gamble's Tennessee plant in 1996. He was promoted to a technician 2 position in 1997 and became a technician 3 in 2003. Despite submitting the...
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    For a number of years, going back at least to the 1960s, the conventional wisdom about the U.S. 4th Circuit Court of Appeals (whose rulings apply to South Carolina employers) was that its decisions in employment cases tended to be mostly conservative and favor employers, according to some observers. Despite its "business- friendly" reputation,...
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    The 6th Circuit recently found that a general contractor was a "joint employer" of a subcontractor's employees, and it therefore could be held liable for the racial harassment suffered by the subcontractor's employees. Facts Skanska USA Building, Inc., served as the general contractor for construction of a new hospital in Memphis. Skanska...
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    A Kentucky federal court recently dismissed a claim of hostile work environment racial harassment because the employee failed to show the harassment was race-based. Despite allegations that, if believed, demonstrated the employee's supervisor "treated [her] very badly," she failed to establish that the treatment was racially motivated. Facts...
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    The 6th Circuit recently found that a general contractor was a "joint employer" of a subcontractor's employees, and it therefore could be held liable for the racial harassment suffered by the subcontractor's employees. Facts Skanska USA Building, Inc., served as the general contractor for construction of a new hospital in Memphis, Tennessee....
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all North Dakota employers) recently held that racially offensive comments were not severe enough to establish a harassment claim against an employer. Facts Ebony Jackman, an African-American woman, was employed by the state of Iowa as a residential officer at the Iowa Department of...
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    The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) recently found that a general contractor was a "joint employer" of a subcontractor's employees, and it therefore could be held liable for the racial harassment suffered by the subcontractor's employees. Facts Skanska USA Building, Inc., served as the general...
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    Like so many Super Bowls before it, this year's game was a blowout long before the dip and punch disappeared. But between the $8- million-a-minute commercials, there were some employment law points to think about as the Seahawks and Broncos squared off, representing the USA's two recreational marijuana states. Last vestiges of employee ownership...
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