News & Analysis as of

Employer Liability Issues Slurs

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

U.S. Equal Employment Opportunity Commission...

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

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

Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6)

On March 24, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for failure to state a claim on a pro se plaintiff’s hostile work environment...more

Fisher Phillips

What’s In a Word? Maybe a Lawsuit

Fisher Phillips on

A single word may be enough to land your dealership at the receiving end of a lawsuit – maybe even a jury trial. Especially, as an Illinois dealership recently learned, if that word is the most egregious racial epithet in the...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

Poyner Spruill LLP on

The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Genova Burns LLC

NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims

Genova Burns LLC on

After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...more

U.S. Equal Employment Opportunity Commission...

EEOC Condemns Antisemitism in Unanimous Resolution

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has unanimously approved a resolution condemning the recent violence, harassment, and acts of bias against Jewish individuals in the United States, the...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 3

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

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

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Butler Snow LLP

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Title VII Does Not Require Termination of Co-Worker for Racist Joke

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the legal bar for plaintiffs to demonstrate a hostile work environment based on...more

U.S. Equal Employment Opportunity Commission...

Driven Fence Agrees to Pay $25,000 to Settle EEOC Race Harassment Lawsuit

Fencing Company's Mistreatment of Black Employee, Including Racial Slurs and Noose Display, Forced Him to Quit, Federal Agency Charged - CHICAGO - A Melrose Park, Ill., fencing company will pay $25,000 and furnish other...more

U.S. Equal Employment Opportunity Commission...

Nabors Corporate Services and C&J Well Services Settle EEOC Race Discrimination Suit for $1.2 Million

Oilfield Services Company Discriminated Against Black Workers, Subjecting them to a Hostile Work Environment, Denying them High Paying Assignments, and Retaliating Against those who Complained, Agency Alleged - SAN...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bay Country Professional Concrete LLC for Racial Harassment and Retaliation

Concrete Contractor Fired Secretary Who Opposed Racial Slurs, Federal Agency Says - BALTIMORE - Baltimore County-based Bay Country Professional Concrete violated federal law when it subjected a secretary to racial...more

Butler Snow LLP

'Go Back to Where You Came From': Employer Liability When Workers Say Xenophobic Things

Butler Snow LLP on

President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more

Kelley Drye & Warren LLP

Employers’ Non-Action Resulted in $1.6 Million Awarded in Harassment Claim

A Los Angeles jury awarded a black former UCLA phlebotomist nearly $1.6 million in damages for being subjected to racial harassment by co-workers. Birden v. The Regents of the University of California, No. BC6681389 (Los...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Two Race Discrimination Claims Failed to Allege Sufficiently Hostile Work Conditions

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has lowered the bar for plaintiffs to take racial harassment claims to a jury trial when the alleged conduct involved use...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Butler Snow LLP

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Zuckerman Spaeder LLP

Is It Workplace Harassment to Tell an Employee to Go Back Where She Came From?

Zuckerman Spaeder LLP on

Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues George W. Morosani and Associates, LLC for Retaliation

Company Fired Employee Because He Complained Supervisor Used Racial Slurs, Federal Agency Charges - ASHEVILLE, N.C. - George W. Morosani and Associates, LLC, a North Carolina limited liability company headquartered in...more

U.S. Equal Employment Opportunity Commission...

Pape Material Handling to Pay $650,000 to Settle EEOC National Origin Harassment Lawsuit

Company Failed to Address Racial Slurs and Harassment of Hispanics, Federal Agency Charged - FRESNO, Calif. - Pape Material Handling, Inc., a nationwide company that sells, rents, and services forklift products, will pay...more

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