Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

I Better Watch My Wallet Around You: Pay $30,000 And Do Not Pass Go

A settlement of a racial harassment case brought by the EEOC under Title VII provides us with the opportunity for three takeaways today. The EEOC had alleged that an Illinois bakery “fail[ed] to respond adequately” when a black employee made complaints of such harassment – that he suffered from co-workers’ “pervasive pattern of disparaging racial comments,”…
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Employers: Groping An Employee Is Still Illegal

This is my first post-election post, and I have been giving the results a lot of thought as to if and how employment discrimination law will change.  In this context, I will analyze new case decisions, new case filings, and best practices and try to comment on future expectations. The EEOC just settled for $72,500…
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Nooses And the N-Word: Another Outrageous Workplace Racial Harassment Suit

Nooses and the N-word remain front and center in workplace racial harassment suits.  A shocking new racial harassment suit was just filed by the EEOC against a Minnesota construction company on behalf of  two African American employees. Neither the EEOC nor juries like nooses or the N-word in the workplace, yet as I said on September…
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Will The N-Word And Nooses Ever Stop?  Maybe When The Civil War Finally Ends

You may have observed that when it comes to the state of race relations, the Civil War seems to have  never ended, despite Grant and Lee’s friendly sit-down at Appomattox in 1865.  Before we can start the necessary dialogue to finally end the 150-year old Civil War and its toxic precursors, we have to get past the coming election,…
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The N-Word Again: Same Employer Previously Sued For Sexual Harassment

How many lawsuits does it take to stop an employer from repeatedly harassing different groups of employees: first women and then African-Americans? A new EEOC lawsuit accuses the owner of two South Carolina trucking companies of subjecting numerous employees to racial hrassment over the course of years: “frequent” use of the “N-word” and “derogatory comments about African-Americans,…
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Another Egregious N-Word Workplace Harassment Case

One could be understandably troubled by my post of August 15th, entitled “Does One Noose In The Workplace Constitute A Hostile Work Environment? If Not, How Many?”  What is this?  Why the absurd question? Well, the title simply set forth the precise legal issue for which an employee is now seeking Supreme Court review — troubling  indeed. If readers had read beyond…
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Does One Noose In The Workplace Constitute A Hostile Work Environment? If Not, How Many?

The issue today is how many times must an African-American employee endure the sight of a hanging noose, or suffer other crude and offensive racial or other epithets, for the situation to become a hostile work environment and racial harassment? Under existing caselaw, one isolated incident is generally not enough to constitute a hostile work…
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Another “N-Word” Case (No Noose?): Settled By EEOC For $40,000

The EEOC, which sued a New York-based company in South Carolina alleging racial harassment and retaliation, has just announced the settlement of the case for $40,000. As readers know I’ve focused many posts particularly on certain different types of employment discrimination cases – one category of which involves racial slurs and a hostile workplace.  Perhaps these types…
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“Clever Men May Easily Conceal Their Motivations” – Leopards, Superman, Kipling and Coded Language

“As we have recognized, ‘clever men may easily conceal their motivations.’”   Just so.   This line was taken from a federal appeals court decision, and quoted in a recent race discrimination employment case. The issue?  Whether the expression “A leopard does not change its spots” is code for racial animus. Ok, that accounts for the leopard reference in the title; but where…
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Can There Be A Much Worse Case Of Race And National Origin Harassment?

Short answer:  I suppose so.  But this is pretty bad. It’s been awhile since any of my posts dealt with acts of vulgar racial or other epithets directed at employees.  Is that because such cases are becoming less frequent? Or is there some other reason – have I been asleep? In any case, if I indeed…
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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

Amy Gluck Fisher Broyles