I was invited to testify on this subject at today’s U.S. Commission on Civil Rights briefing on Federal Civil Rights Engagement with the Arab and Muslim American Communities Post 9/11, so I thought I’d pass along my written remarks. You can read them in PDF form here, or in plain text below (though without the […]
Archive | Hostile Environment Harassment Law
D.C. Orders Bar to Stop Offering “Marion Berry’s Dirty Asian Summer Punch”
From the Washington Post: Walk into The Pug today, and you can order a beer or a shot, but you can no longer order “Marion Berry’s Dirty Asian Summer Punch.” The punch, a fruity vodka concoction, was whipped up by the H Street NE bar’s owner, Tony Tomelden, as an admittedly crude but satirical tribute […]
“Civil Rights Agenda” Files Antidiscrimination Complaint Against Chick-fil-A Based on Chick-fil-A’s Speech
By Eugene Volokh on August 10, 2012 4:54 pm in Freedom of Speech, Hostile Environment Harassment Law, Religion and the Law
The complaint, filed with the Illinois Department of Human Rights, alleges that Chick-fil-A discriminated against gays in public accommodations. Now none of the allegations suggest that Chick-fil-A employees refused to serve gays, or treated gay customers differently from straight ones. Rather, the argument is that “the company’s widely published corporate philosophy, culture and policies make […]
The Confederate Flag, the First Amendment, and the ACLU
Apropos yesterday’s Confederate flag / First Amendment post, here’s a story from March: A Delaware Department of Transportation employee had, for 17 years, a decorative plate that said “REDNECK” on a Confederate flag background. A coworker complained, charging “harassment,” and the department threatened him with discipline “if he continued to drive his vehicle with the […]
EEOC: Wearing Confederate Flag T-Shirts May Be “Hostile Work Environment Harassment”
From Dawson v. Donahoe (EEOC Feb. 8, 2012) (just uploaded onto Westlaw several days ago): [A] claim of harassment is … actionable if the harassment to which Complainant has allegedly been subjected was sufficiently severe or pervasive to alter the conditions of Complainant’s employment…. In this case, Complainant has alleged that he notified the Postmaster […]
Now There’s a Harassment Claim That Was Quite Rightly Rejected
From Walker v. Jackson (EEOC Oct. 6, 2011): On December 1, 2011 [sic], Complainant filed a formal EEO complaint alleging that he was subjected to harassment and reprisal on the basis of his religious beliefs (Pentecostal). Briefly, the complaint alleged that, on November 18, 2010 [sic], Complainant was the recipient of an email from the […]
Anti-Gay Statements About Fellow Building Resident = Liability for “Hostile Housing Environment Harassment”
That’s what seems to be the holding of Gilbert v. 7355 South Shore Condominium Ass’n & Shelley Norton (Chi. Com. Hum. Rel’s July 20, 2011), leading to damages of $2100, fines of $1200, and “reasonable attorney fees and associated costs,” which I suspect are likely to be in the tens of thousands of dollars. The […]