Just because you make Mexican food does not entitle you to hire only Hispanic workers

In a reversal of the normal race discrimination case the EEOC has announced it is suing a manufacturer of Mexican foods for discriminating against non-Hispanic applicants in its hiring processes. The case On January 12, 2017 the EEOC filed a discrimination lawsuit against Marquez Brothers International, Inc. and its affiliates for favoring less-qualified Hispanic job …

Read moreJust because you make Mexican food does not entitle you to hire only Hispanic workers

Four Very Instructive Reads in HR Compliance

Legal compliance for many HR people is a major headache. Each situation has some different twist to it that makes you question whether you are making the correct decision. Here are four situations that provide examples of just my point. Reverse discrimination This first post shows that reverse discrimination is recognized by the courts as …

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In a hostile environment it is not the intent but the effect that is important

In a case out of the Tenth Circuit court in Kansas we learn that courts are not to interpret the intent of what someone says but the effect of what they say to determine if a hostile environment exists. What do you think? If you were, or are, an African-American employee and you worked in …

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For an employee to charge race discrimination they have to let you know what race they claim

There is an old saying about the difficulties that arise from trying to change horses in the middle of a stream. An employee found that to be true in his claim of discrimination. I am white… wait I changed my mind Today people have the ability to choose what race, and gender, with which they …

Read moreFor an employee to charge race discrimination they have to let you know what race they claim

Did you know that race has more protection than other classes?

Most people in a business situation feel they are protected from discrimination by an employer because of Equal Employment Opportunity. This is not true. The coverage provided by EEO is limited by the size of the company to companies with 15 or more employees. This protects smaller businesses from being sued in all protected categories, …

Read moreDid you know that race has more protection than other classes?

Getting a Job by Hiding Your Ethnic Name

“What’s in a name? That which we call a rose by any other name would smell as sweet.” So says William Shakespeare in Romeo and Juliet. But many people today would disagree. In the New York Times Michael Lou writes about “Whitening the Resume” (Free registration required to read) In this article he talks about …

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The BIG ISM: Racism

Racism has a long and storied history in the United States, in fact in the history of mankind. However, since I am dealing with the human resources implication under US law I will stick to that arena (mostly.) The emotional impact of racism is still quite evident with the recent encounter between a Harvard professor …

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NASCAR Sued For Harassment: What a Wreck for HR

The headline screams Former official sues NASCAR over harassment claims. Is anyone in HR surprised by this? A black woman official suffers multiple incidents of both racial and sexual harassment. She complains and then is fired. So now there is retaliation as well. This is going to cost NASCAR big time! But no one, especially …

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"Cat's Paw": Avoid Being the HR Dupe

I learned a new phrase today so I thought I would teach it to you. I was reading an article on a case on discrimination that was headed to the U. S. Supreme Court before it got settled at the last minute. It involved a case of discrimination in which a Hispanic supervisor was biased …

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Ever Hear of E-RACE? Me Neither.

In a press release newsletter I receive from the EEOC I was reading about a staffing company being sued by EEOC and losing. In the article there was a reference to a February 2007 initiative by the EEOC called E-RACE. Being the curious type, and having never heard anything about this, I followed the link. …

Read moreEver Hear of E-RACE? Me Neither.

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