News & Analysis as of September 20, 2024

Disparate Treatment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/19/2018

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/10/2018

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

Ballard Spahr LLP on 1/16/2017

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on 10/12/2016

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

Seyfarth Shaw LLP on 9/20/2016

Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Bradley Arant Boult Cummings LLP on 9/20/2016

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2016

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

Seyfarth Shaw LLP on 11/3/2015

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on 8/4/2015

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request Might Be Due to Religion?

Hinshaw & Culbertson LLP on 6/4/2015

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward. ...more

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

Pullman & Comley - Labor, Employment and... on 5/26/2015

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Foley & Lardner LLP on 7/23/2014

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

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Hiring & Firing › Discrimination › Disparate Treatment

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