News & Analysis as of

Slurs

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...more

Standing ovation for Adam Jones at Fenway

by FordHarrison on

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park. Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide...more

“Do You Kiss Your Mother With That Post?” Second Circuit Rules on Foul Facebook Post about Employer

The Second Circuit Court of Appeals stepped in to support the NLRB’s finding that an employee’s profanity-ridden social media posting about his employer (and his employer’s mother) was not so offensive that it went beyond the...more

Wahoo: Non-Verbal Equivalent of Racial Slur

by Winthrop & Weinstine, P.A. on

The Cleveland Indian’s loss last evening in the World Series ensures that Chief Wahoo will not end the 2016 MLB season at Chicago’s Wrigley Field, but instead Cleveland’s Progressive Field...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

Nabors Industries and C&J Energy Services Sued By EEOC for Racial Harassment and Retaliation

Oilfield Services Company Subjected Black Employees to Slurs and Mistreatment and Then Fired Employees for Reporting the Discrimination, Federal Agency Charged - SAN ANTONIO, Texas - Bermuda-based oilfield services...more

What Does the Trademark Registration Say?

Remember a while back when many were humming to the tune “What Does the Fox Say“? Today, I’m asking, what does the trademark registration say? Not, what does the trademark say — that is a different and more complicated...more

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

In re Tam – Federal Circuit Orders En Banc Review of Trademark Act’s Ban Against Registration of Disparaging Marks

by BakerHostetler on

The Slants is a Portland-based band composed of musicians of Asian-American descent who characterize their genre as “Chinatown Dance Rock.” The band’s bassist, Simon Tam, filed a trademark application for THE SLANTS for...more

Fourth Circuit Reverses Position on Single Racial Slur as Sufficient to Create Hostile Work Environment

For years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) set a high bar for plaintiffs suing for workplace harassment. The court rejected multiple claims involving obnoxious and crude...more

Another Way the NFL Can Protect the Shield

It’s no secret that the NFL is facing a reputation crisis, on a variety of fronts. With 2013 being called “a very bad year” for the NFL, words will be difficult to describe how badly 2014 ends (reputationally), if the league...more

Redskins Appeal TTAB Ruling

by DLA Piper on

On Thursday, August 14, 2014, the Washington Redskins filed a much-anticipated appeal in the U.S. District Court for the Eastern District of Virginia of a June Trademark Trial and Appeal Board decision which resulted in...more

Seventh Circuit Says One Use of “N-Word” Does Not Create Hostile Work Environment

Under Title VII, single acts of verbal abuse typically do not rise to the level of legally actionable harassment. Only when these behaviors are repeated over a discrete period of time will courts consider them to create a...more

Hostile Work Environment Case Gets Additional Fourth Circuit Scrutiny

by Poyner Spruill LLP on

The Fourth Circuit Court of Appeals has agreed to an en banc rehearing (in which all judges on the court will hear the case) of Boyer-Liberto v. Fountainebleau Corp. after a three-judge panel of the court ruled in May 2014...more

Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

by Fisher Phillips on

The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers...more

TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS...more

The R-Word, Postponing the Inevitable

As many anxiously await the Trademark Trial and Appeal Board’s (TTAB) decision in Blackhorse v. Pro Football, Inc., a trademark cancellation action seeking to revoke six federal service mark registrations containing the...more

Redskins Name Is an 'Ethnic Slur,' Says Lawyer  [Video]

by Bloomberg Law on

Sept. 24 (Bloomberg) -- Jesse Witten, partner at Drinker Biddle & Reath LLP, talks with Bloomberg Law's Spencer Mazyck about his representation of a group of Native Americans who have petitioned to cancel the trademark...more

White Employee Lacks Title VII Race Discrimination Claim In Paula Deen Case

by Franczek Radelet P.C. on

Although most of the media attention surrounding Jackson v. Deen has focused on Paula Deen’s admission during a deposition that she used racial slurs, the underlying case presents an interesting legal question: Can a white...more

EEOC Sues Battaglia Distributing Company for Racial Discrimination

Company Defended Racial Slurs in the Workplace as 'Locker Room Talk,' Federal Agency Charged - CHICAGO, Ill. - Battaglia Distributing Co., Inc., a Chicago wholesale food distributor located at 2500 South Ashland...more

Racial Slurs Take Down A Culinary Giant

by NAVEX Global on

Words matter. They matter to your employees, clients, shareholders, and customers. When employees and leaders use toxic words—including slurs related to race, sexual orientation and national origin—the organization’s...more

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