The 2nd Circuit Court of Appeals has refused to reinstate a hostile work environment case involving the display of the Georgia state flag.
Recent case: Sharon, who is black, has worked for the Southampton Union Free School District as a teacher. She sued, alleging she had been forced to work in a racially hostile work environment. Her main example of that hostility involved the display of a flag she deemed a Confederate one. The flag was part of an array of several state flags that the school principal displayed in a school hallway.
The school district argued that the flag in question was actually the Georgia state flag, whose design incorporates visual references to the Confederate flag used during the Civil War. That was enough for the court to toss out the case. (Solomon v. Southampton Union Free School District, No. 11-3935, 2nd Cir., 2012)
Final note: The Georgia state flag has included elements of Confederate flags since 1956, when the flag was revised to include the battle flag of the Confederate States. After much public outcry in 2001, the flag was changed to remove that element.
Two years later, the flag was again changed—this time the design was based on the official Confederate States flag, which consists of two red stripes and one white stripe with a blue rectangle in the upper right-hand corner.
The 2003 flag is identical to the previous version except for the inclusion of the state motto.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When firing follows harassment, watch out! You could be facing a retaliation lawsuit
- Don't allow shift preferences that favor some, exclude others
- You must try to prevent co-worker harassment--but you're not expected to be clairvoyant
- Don't let supervisor punish employees who cooperate in investigation