Tag Archives: race discrimination

Acas Issues Short Advice on Long Covid (UK)

Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading

No race discrimination in employer not investigating dishonest grievance

A finding of race discrimination in the UK requires the employee to show both (a) that he was less favourably treated on grounds of race; and (b) that he suffered a detriment.  The need to establish (b) separately is often overlooked, in that less favourable treatment is, by itself, pretty invariably a detriment.  However, the … Continue Reading

The Sixth Circuit Clarifies the Narrow Reach of McDonnell Douglas

Earlier this week, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff-Appellant Kathryn Keys (“Plaintiff”), an African-American female who alleged that her former employer, Defendant-Appellee Humana, Inc. (“Humana”) engaged in a pattern of discrimination against African American managers and professional staff. Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 2, 2012). … Continue Reading

The Divided Sixth Circuit Affirms a “Lamentable-But-Benign” Discrimination Claim

A deeply divided panel upheld an award on Tuesday to Plaintiff Clifford Litton (“Plaintiff”), an African-American custodian who accused the Talawanda School District (“District”) of racial discrimination and retaliation when he was involuntarily transferred to a new school building and his request to transfer back was denied. Litton v. Talawanda School District, Case No. 10-3559 … Continue Reading

The Sixth Circuit holds employees must perceive, or be aware of events that create a hostile work environment

In a 2 – 1 decision, the Sixth Circuit Court of Appeals held that the totality of the circumstances used to determine whether a plaintiff was subjected to a hostile work environment was limited to those circumstances the plaintiff either personally perceived or was aware of. In Berryman v. SuperValu Holdings, Inc. [pdf], eleven plaintiffs … Continue Reading

Is there an accent on race discrimination?

Judging from the Press, the good people of Great Britain have been up in arms over the past month after news broke of national treasure Cheryl Cole’s axe from the US X-Factor, apparently because her Newcastle accent would be too pronounced for the American public to understand. Many Twitter pages and celebrity gossip columns have … Continue Reading