Redskins Name Is an 'Ethnic Slur,' Says Lawyer
Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more
On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former University police officer who was...more
Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more
Most employers are aware that a supervisor’s or co-worker’s use of the N-word or similar racial epithets in the workplace can serve as the basis for a claim of racial harassment. What happens, however, when the slurs are...more
After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...more
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more
In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the legal bar for plaintiffs to demonstrate a hostile work environment based on...more
In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has lowered the bar for plaintiffs to take racial harassment claims to a jury trial when the alleged conduct involved use...more
In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more
The New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more
Over the past decade federal courts have demonstrated a decreasing willingness to tolerate the use of racist language in the workplace. In repeated circumstances, courts have found even a single use of a racial slur...more
Over the past several years, we have reported an increasing number of federal appeals court decisions that have characterized even single instances of certain racial slurs as sufficient to constitute hostile environment...more
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more
The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more
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