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Fired after posting about Confederate statues, Charlottesville riot, white city employee prevails on free speech, race bias claims

June 19th, 2019

By Brandi O. Brown, J.D.
Evidence at the nonjury trial did not show the city actually believed the employee would hurt or mistreat customers, and its different treatment of a nonwhite employee who advocated killing people based on their race provided strong evidence of pretext.
After a nonjury trial, a federal district court in Tennessee ruled in [Read more...]

NLRB says nonemployee union reps can be banned from public space within employer facility

June 19th, 2019

By Ronald Miller, J.D.
Overturning a nearly 38-year old precedent, the NLRB ruled that employers may deny nonemployee union representatives access to areas of their property open to the public, like cafeterias or restaurants, to solicit for or promote union membership.
In a four-member decision, a divided NLRB ruled that employers may ban union representatives from promoting [Read more...]

Employee fired after refusing supervisor’s ‘date’ invitations advances quid pro quo harassment claims

June 19th, 2019

By Victoria Moran, J.D.
A supervisor’s request to get drinks after work, when viewed in context of an employee’s refusal of his invitation and her subsequent suspension and termination, was sufficient to support her quid pro quo sexual harassment claim.
A federal court in Colorado refused to dismiss an employee’s allegations of wrongful termination based on sex [Read more...]

Hate Crimes Act applies to workplace assault of gay employee

June 18th, 2019

By Georgia D. Koutouzos, J.D.
If individuals are engaged in ongoing economic or commercial activity subject to congressional regulation, then Congress may prohibit violent crime that interferes with or affects such activity, including the type of bias-motivated assaults proscribed by the Hate Crimes Act.
In an apparent case of first impression in the nation’s courts, the Fourth [Read more...]

University professor’s claim he was denied tenure based on race revived

June 18th, 2019

By Kathleen Kapusta, J.D.
Although the First Amendment grants a university certain freedoms, the freedom to discriminate is not among them.
Giving no opinion regarding whether an African-American law professor who was denied tenure and terminated was in fact discriminated against because of his race, the D.C. Circuit, reversing the grant of summary judgment against his Title [Read more...]