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Reasonable Person Test › Employment Litigation

Obermayer Rebmann Maxwell & Hippel LLP

Key Takeaways for Employers from the $137 Million Race Harassment Verdict Against Tesla

Obermayer Rebmann Maxwell & Hippel LLP on

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

Sherman & Howard L.L.C.

NLRB’s “Biggest Idiot” Test Benchslapped

Sherman & Howard L.L.C. on

The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a...more

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