It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more
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
As 2022 winds down, our EntertainHR blog approaches its eight-year anniversary next month. As we’ve adapted to the new world of work—be it remote, hybrid, or in person—HR pros gain new perspectives on what not to do in the...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
NFL says it will appeal. In October 2021, Las Vegas Raiders head coach Jon Gruden was forced to resign after the revelation of emails in which he made racist, sexist, and other unprofessional comments. ...more
On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more
On October 4, 2021, a federal jury in California awarded $136.9 million to a Black former Tesla subcontractor, Owen Diaz, after finding that Tesla subjected him to a racially hostile work environment. The jury awarded Diaz...more
On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...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
The National Labor Relations Board ("NLRB") is expected to rewrite its rules protecting employees who violate employers' policies when they use profane, racist or sexist language. In September, the NLRB requested public...more
Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...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
Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more
On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...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
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...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
First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more
A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more
In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has...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