News & Analysis as of

Discrimination Pattern or Practice

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Ballard Spahr LLP

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

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The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

BakerHostetler

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

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A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

BakerHostetler

Court Slams EEOC on Background Check Lawsuit

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Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S....more

Patterson Belknap Webb & Tyler LLP

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Orrick - Employment Law and Litigation

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Proskauer Rose LLP

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

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On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

Ballard Spahr LLP

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

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The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

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