What happens if an employer takes adverse action against an employee based on a legitimate, nondiscriminatory reason that later turns out to be wrong? Suppose, for example, an employer fires an employee based on a genuine belief that the employee violated the employer’s policies, but it turns out that, in fact, the employee did not.

Recently, several jurisdictions have stated that discriminating against an employee on the basis of the employee’s hairstyle, where the hairstyle is closely associated with race, constitutes race discrimination. The New Jersey Division of Civil Rights has clarified its approach to this issue, recently issuing guidance on how it will apply the New Jersey Law Against

Bloomberg BNA is out with a news story about a recent case filed in federal court in Georgia, which poses an interesting question:  does Title VII protect an employee on the basis of his or her spouse being a member of a different race from the employee?  Among the Circuit Courts of Appeals that have

This week the country was rocked by headlines of campus unrest at the University of Missouri that culminated in the resignation of Timothy Wolfe, President of the University System.  Campus-wide demonstrations alleging that Wolfe properly failed to respond to report of racial bias incidents lead to the Tigers football team refusing to practice (this was

The story of Rachel Dolezal, the recently-deposed head of an NAACP chapter in Spokane, WA, ignited a media firestorm last week with regard to claims that she, a Caucasian, “identified” as an African-American.  Opinions of Ms. Dolezal are passionate and varied, but regardless of one’s opinion of her, she illustrates an important point that New

Last week’s post about blatantly discriminatory job ads in New Zealand elicited a number of comments from folks who could not believe that such ads were actually published.  To remind you, these were some of  the ads:

* Young and vibrant waiting staff wanted

* We’re looking for vibrant salespeople with a young, passionate energy

For some, Halloweeen is about cute children in adorable costumes.  For others, Halloween conjures up images of witches, ghost, and goblins who, in the words of Shakespeare “Double, double toil and trouble; fire burn and cauldron bubble.”

30992649_sFor others, Halloween is simply about getting the best candy and treats.  For employers, Halloween can be a