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Hiring & Firing Race Discrimination

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... more +
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 -

“I Got the Power!” – EEOC’s Investigatory Power Trumps Dismissal of Discrimination Claim in Federal Court

Can the EEOC keep investigating a claim after it has issued a right to sue letter? What about after the charging party has already filed a lawsuit and lost at the summary judgment stage? The U.S. Court of Appeals for the...more

Life University Sued By EEOC for Race Discrimination and Retaliation

Two Black Employees Targeted for Discipline Because of Their Race, Then Fired for Complaining About Discrimination, Federal Agency Charges - ATLANTA - Life University, Inc., the largest chiropractic college in the United...more

Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers

by Nexsen Pruet, PLLC on

Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination...more

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

A Word To The Wise: Castleberry v. STI Group And The Expansion Of Liability For Hostile Work Environments

In David Lynch’s film Dune, a character proclaims that the protagonist “can kill with a word.” Although not quite as dramatic, the United States Court of Appeals for the Third Circuit recently held that an employer can...more

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more

Avoiding Claims of Race, Religious, or National Origin Discrimination in the Current Political Climate

by Fisher Phillips on

Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

EEOC Sues Over – Get This – “Spanish-Only” Policy

You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national...more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

by Blank Rome LLP on

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

EEOC Sues MVM, Inc. for Racial Harassment, Religious Discrimination and Retaliation

Security Firm Forced Out Guard for Complaining About Racial Insults, Federal Agency Charges - BALTIMORE - MVM Inc., an Ashburn, Va.-based diversified security services firm, violated federal law when it stopped...more

Champion Fiberglass Sued by EEOC for Systemic Race and National Origin Discrimination

Federal Agency Charges Local Company Engaged in Practices That Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc., a Houston-area manufacturing company, violated federal...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

by Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Employment Law Navigator – Week in Review: July 2017 #2

by Zelle LLP on

Last week, the Eleventh U.S. Circuit Court of Appeals declined to rehear a Title VII sexual orientation discrimination case. The Court let stand a March 2017 ruling by a three-judge panel of the Eleventh Circuit that Title...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

by Hinshaw & Culbertson LLP on

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Rosebud Restaurants to Pay $1.9 Million to Settle EEOC Race Discrimination Suit

Federal Agency Alleged Italian Restaurant Group Refused to Hire African-American Applicants - CHICAGO -- Rosebud Restaurants, Inc. will pay $1.9 million and furnish other relief to settle a class race discrimination...more

Evidence That Similarly Situated Employees Included Those Of The Same Race Dooms Race Discrimination Claim

by Jackson Lewis P.C. on

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Spell Out Interview Results

by Sherman & Howard L.L.C. on

An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received. In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D....more

Applicant’s Claim That Racially Biased Safety Officer Cancelled His Split Specimen Drug Test Was Insufficient To Establish Race...

by Jackson Lewis P.C. on

An employer that refused to hire an applicant based on a positive pre-employment drug test was entitled to summary judgment on the applicant’s race discrimination and civil conspiracy claims despite the applicant’s argument...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

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