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  1. Granting that I am neither an attorney nor have had any training in the law, reading the Appeals Court decision, it seems it could find no no basis for reversing any of the lower Court’s rulings; no such corporate policy existed, pay raises weren’t sufficiently different for the plaintiffs than others working in the same establishment, and prescribed work conditions were the same for all employees without any consideration of ethnicity.

    I do wonder if the employer had a duty to detect and prevent *unofficial* discrimination with the same affect; for a substantial part of of 21 years on Active Duty I saw strict measures to ensure no such conduct was tolerated — and with a secondary duty as “a race relations NCO” was responsible for enforcing the rules and/or reporting the conduct.

    What is the civilian employer’s duty in such matters? How far must and how far MAY an employer go to ensure equal treatment of employees? It seems obvious that customers must not be offended for businesses to succeed– but the offense customers take needn’t be officially recognized to be create a hostile environment.


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