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Archive for August, 2003

A word about the style of this Blawg

I know it is fashionable for journalists to claim they cannot separate “fact” and “opinion” and therefore should not attempt to do so. I disagree 100%.
In this Blawg, if I write something that is my personal opinion, explanation, suggestion, or interpretation, I put it in italics. Everything else is my best [...]

Applebee’s settlement: color discrimination emerges as new area to watch

EEOC settled a color harassment and retaliation lawsuit against Applebee’s Neighborhood Bar & Grill, paying $40,000 to an African American employee discriminated against based on his dark skin color by a light skinned African American manager, and terminated when he complained to corporate headquarters. The employee alleged the store manager consistently made derogatory remarks [...]

8th Cir. racial harassment cases draw distinctions based on severity and pervasiveness of conduct

In Elmahdi v. Marriott Hotel Serv. (8th Cir. 8/6/03), the Eighth Circuit affirmed the trial court’s grant of judgment as a matter of law on a racial harassment claim. It found that being called”boy” and “black boy” on a few occasions over a period of years, and once being subjected to a comment that “you [...]

Interesting 7th Cir. case affirming NLRB on right of nonunion employees to strike

In Trompler, Inc. v. NLRB (7th Cir. Aug. 1, 2003), 7th Cir. struggles with reconciling its prior decisions and the Supreme Court’s decision in NLRB v. Washington Aluminum 370 U.S. 9 (1962) on the issue of when a strike by nonunion employees is protected concerted activity, so that the employees may not be fired for [...]

New features added to this Blawg

Commenting is now available, thanks to enetation.
Also, I am now using Blogrolling to maintain my blogroll. Fellow blogrolling users may add me by clicking “blogroll me” at left under “George”

Sphere: Related Content

Employer prevails in age case despite failure to give employee opportunity to explain incident prior to termination

In Rivera-Aponte v. Restaurant Metropol #3, Inc., (1st Cir. 07/28/03), the 1st Cir. affirmed summary judgment in favor of an employer who terminated the plaintiff following an altercation with another employee, who apparently was not terminated. The plaintiff “threw or accidentally dropped a tray full of drinking glasses” on the other employee, who was [...]