Race Discrimination

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    HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate...
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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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    A former employee's lawsuit recently survived a motion to dismiss because the employer's positive statements about her during interviews called into question its reasons for firing her. Alleged discrimination In February 2011, Valarie Coates applied for a senior management position at Cooper Health System (CHS). After interviewing her three...
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    There is an ongoing debate about whether employment decisions should be based on objective or subjective factors. Some advocate for the exclusive consideration of objective criteria. These decisions are based on verifiable information or empirical data. Comparisons are made by reviewing mathematically quantifiable information. The consideration of...
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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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    Employers covered under the federal antidiscrimination laws have to deal with either their local or state discrimination agency and the Equal Employment Opportunity Commission (EEOC) when a charge of discrimination is filed against them. While those interactions are often seamless and conflict-free, they sometimes take a different path. The 4th...
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    In April, recordings of Los Angeles Clippers owner Donald Sterling making racist remarks to his half-black, half-Mexican girlfriend assistant* surfaced. Among those remarks were the following: It bothers me a lot that you want to broadcast that you're associating with black people. Do you have to? You can sleep with [black people]. You can...
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    Unions praise college football ruling. The United Steelworkers (USW) and the AFL-CIO issued statements of support shortly after a ruling from a National Labor Relations Board (NLRB) regional director saying that scholarship football players at Northwestern University meet the definition of "employee" and are therefore eligible to form a union. "...
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    The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn't looking for a large number of soldiers; rather, he was looking for a particular type of soldier. The first cut was made by dismissing those afraid of battle, reducing the number to about a third of the original host. He...
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    Tales abound of people trying to smuggle things into, or out of, jails and prisons. Some of them are humorous, like the story of the woman who tried to smuggle her husband out of jail in a suitcase. And some show a surprising amount of creativity and determination, like the story about pigeons that were trained to fly drugs and cell phone parts...
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