Friday, August 21, 2020

Employers Open Themselves Up to Reverse Discrimination Claims in this Woke Era

I've practiced employment discrimination on and off since 1986.  This new woke era is the first time I've seen employers take what appears to be blatantly racist stances.  Seminars that tout white fragility and accuse white people of being evil and unabashedly racist may be seen as racial harassment and discrimination.    

More recently, Goodyear stated masks and shirts stating "Black Lives Matter" were acceptable, while "White Lives Matter", "All Lives Matter" and "Blue Lives Matter" were unacceptable.  They have since backtracked on the "Blue Lives". Black Lives Matters, the organization, is a Marxist organization that wants to dismantle the nuclear family.  Touting a political organization or party may be harmful to the bottom line and may have some election law consequences, but it is very tangential to employment discrimination laws. 

However, the EEOC and courts may have to weigh in on zero-tolerance policies that allow employees to wear Black Lives Matter, but disallow similar attire that touts White Lives Matter or Hispanic Lives Matter or Chinese Lives Matter or All Lives Matter.  Arguably, such a policy is discriminatory or  creates a hostile work environment? If a white employee goes to HR to complain and gets fired, can he successfully file against the employer? All these questions remain open.  

If you are an employee or employer who has questions about the new woke workplace environment,  call or e-mail me. (770)367-1234 or  At the minimum, a covered employee can file a charge with the EEOC.  The charge is not public and the entire matter can be resolved at the EEOC level.