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Discrimination › Race Discrimination › Termination

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 -
Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Constangy, Brooks, Smith & Prophete, LLP on

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

Bradley Arant Boult Cummings LLP on

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

U.S. Equal Employment Opportunity Commission...

SFI of Tennessee to Pay $210,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Steel Fabricator Fired Three Black Employees Because of Their Race, Federal Agency Charged - MEMPHIS, Tenn. - SFI of Tennessee, LLC, a fabricator and supplier of heavy-gauge steel and value-added products, has agreed to...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Foley & Lardner LLP

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Foley & Lardner LLP on

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Parker Poe Adams & Bernstein LLP on

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

U.S. Equal Employment Opportunity Commission...

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wisconsin Plastics for Discrimination Against Hmong and Hispanic Employees

U.S. Equal Employment Opportunity Commission... on

Workers Fired for Lacking English Skills They Did Not Need, Federal Agency Charges - GREEN BAY, Wis. - Wisconsin Plastics, Inc. (WPI), a metal and plastic products manufacturer based in Green Bay, violated federal law...more

Jaburg Wilk

What is at will employment law?

Jaburg Wilk on

Phoenix Business law firm Jaburg Wilk's employment law attorney Kraig Marton discusses at will employment, various types of employment cases, types of discrimination and how employment cases are assessed....more

U.S. Equal Employment Opportunity Commission...

Schindler Elevator Corporation to Pay $35,000 to Settle EEOC Race Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

African-American Employee Terminated Because of His Race, Federal Agency Charged - CHARLOTTE, N.C. - Schindler Elevator Corporation, headquartered in Morristown, N.J. will pay $35,000 and furnish significant remedial...more

Baker Donelson

Employer's Use of Spreadsheet Categorizing Employees by Race Supports Plaintiff's Discrimination Claim

Baker Donelson on

An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more

Laner Muchin, Ltd.

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

Laner Muchin, Ltd. on

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on

The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

BakerHostetler

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

BakerHostetler on

On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

Littler

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

Littler on

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation...more

Miller Canfield

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Miller Canfield on

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Supreme Court Issues Two Key Title VII Rulings

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

Baker Donelson

Supreme Court Decides Two Significant Cases in Favor of Employers

Baker Donelson on

On June 24, 2013, the U.S. Supreme Court issued two decisions that will provide useful tools to employers in defending employment litigation....more

U.S. Equal Employment Opportunity Commission...

East Coast Waffles Settles EEOC Lawsuit for Retaliation

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

U.S. Equal Employment Opportunity Commission...

Day & Zimmerman Resolve EEOC Racial Discrimination Claims for $190,000

U.S. Equal Employment Opportunity Commission... on

African-American Employee Consistently Harassed by Day & Zimmerman Manager, Fired After Making Many Complaints, Federal Agency Charges - NEW YORK - The Equal Employment Opportunity Commission (EEOC) and Day &...more

Proskauer - Whistleblower Defense

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

Proskauer - Whistleblower Defense on

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

Proskauer - California Employment Law

California Court Upholds Arbitration Agreement

Proskauer - California Employment Law on

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

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