So who's going to note that it's also illegal under the Title VII of the Civil Rights Act to single out employees by their race or ethnicity for coercive rules? Does the current ACLU management ever take a look at their own website?
It's also interesting the ACLU just accepted the black managers' baseless accusations they were being discriminated against by their Asian subordinate, as opposed to looking at it as black managers discriminating against the Asian worker or the black male manager intimidating the female subordinate. The discovery for this case will be interesting.
Are there situations where you CAN fire an employee for criticizing their boss? E.g. if she had said something clearly racist like “I cannot work for a black man” etc. is that protected?
That would almost certainly be deemed so egregious that it forfeits the Act's protection under Atlantic Steel; indeed, the company would probably be subject to legal liability for coworker harassment if they were aware of the comment and did nothing about it. You have to be really, really racist for a single comment (as opposed to a pervasive pattern of less offensive comments) to constitute harassment, but that's tiptoeing up to that line.
Not my area at all, and not legal advice, but I think the broader problem with the proposed statement is that it's an admission she can't do the required job. No version of any protections I'm aware of allow you to dictate the race/ethnicity of your boss. If you cannot work for a black man and the boss is a black man, then you're announcing you can't do the job, which really ought to be cause to fire you.
So who's going to note that it's also illegal under the Title VII of the Civil Rights Act to single out employees by their race or ethnicity for coercive rules? Does the current ACLU management ever take a look at their own website?
It's also interesting the ACLU just accepted the black managers' baseless accusations they were being discriminated against by their Asian subordinate, as opposed to looking at it as black managers discriminating against the Asian worker or the black male manager intimidating the female subordinate. The discovery for this case will be interesting.
Are there situations where you CAN fire an employee for criticizing their boss? E.g. if she had said something clearly racist like “I cannot work for a black man” etc. is that protected?
That would almost certainly be deemed so egregious that it forfeits the Act's protection under Atlantic Steel; indeed, the company would probably be subject to legal liability for coworker harassment if they were aware of the comment and did nothing about it. You have to be really, really racist for a single comment (as opposed to a pervasive pattern of less offensive comments) to constitute harassment, but that's tiptoeing up to that line.
Not my area at all, and not legal advice, but I think the broader problem with the proposed statement is that it's an admission she can't do the required job. No version of any protections I'm aware of allow you to dictate the race/ethnicity of your boss. If you cannot work for a black man and the boss is a black man, then you're announcing you can't do the job, which really ought to be cause to fire you.