News & Analysis as of September 18, 2024

Race Discrimination

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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 -

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 8/28/2024

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

Iron Hill Brewery to Pay $115,000 in EEOC Race Discrimination and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/19/2024

Federal Agency Charged Restaurant Discriminated and Retaliated Against Black Employee - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and restaurants across several states,...more

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on 4/10/2024

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 3/26/2024

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on 3/14/2024

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

Affordable Home Furnishings to Pay $105,000 to Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 2/12/2024

Federal Agency Charges That Furniture Retailer Subjected African American Manager to a Hostile Work Environment and Fired Him When He Complained - NEW ORLEANS – Affordable Rent-to-Own, LLC, doing business as Affordable...more

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

Fisher Phillips on 11/20/2023

A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/31/2023

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

McAfee & Taft on 8/4/2023

Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

Elevation Labs Sued by EEOC for Retaliation

U.S. Equal Employment Opportunity Commission... on 7/7/2023

Employee, Vocal About Race Discrimination, Was Denied Promotion, Threatened With Termination and Forced to Resign, Federal Agency Charges - IDAHO FALLS, Idaho — Elevation Labs, LLC, formerly known as Northwest Cosmetics...more

Casse Community Health Institute Sued by EEOC for Race Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 6/19/2023

Health Care Provider Fired Black Employee Who Spoke Out Against Race Harassment in the Wake of Racial Justice Protests, Federal Agency Charges - SHREVEPORT, La. – The Council for the Advancement of Social Services and...more

Shepherd Electric to Pay $185,806 to Settle EEOC Race Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 5/15/2023

Electrical Supply Company Fired Two Black Managers Because of Their Race and Complaints About Race Discrimination, Federal Agency Charged - BALTIMORE – Shepherd Electric Co., Inc., a wholesale electrical distributor that...more

Whiting-Turner to Pay $1.2 Million to Settle EEOC Racial Harassment and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 5/5/2023

Construction Company Subjected Black Workers to a Racially Hostile Work Environment, Then Fired Them After They Complained, Federal Agency Charged - NASHVILLE, Tenn. -- The Whiting-Turner Contracting Company, a...more

EEOC Sues PRC Industries for Racial Harassment and Retaliatory Termination

U.S. Equal Employment Opportunity Commission... on 3/29/2023

Black Workers Faced Racial Slurs and Retaliation, Federal Agency Charges - RENO, Nev. – E-commerce remanufacturer PRC Industries (PRC) violated federal law by tolerating racial harassment of two Black workers and firing...more

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

Genova Burns LLC on 3/14/2023

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

Seventh Circuit Finds for School District in Employee “Reverse Race Discrimination” Claim

Franczek P.C. on 11/21/2022

Recently, the Seventh Circuit—the circuit court governing Illinois—upheld a lower court’s judgment in favor of a school district defending against two reverse race discrimination claims brought by a longtime District...more

EEOC Sues Alto Construction and J.A. Croson for Race Discrimination, Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 10/3/2022

Construction Company Employees Subjected to Racist Slurs and Fired for Complaining, Federal Agency Charges - TAMPA and ORLANDO, Fla. – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it has...more

EEOC Sues Shepherd Electric Co., Inc., for Race Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 10/3/2022

Electrical Supply Company Fired Two Black Managers Because of Their Race and Complaints about Racial Discrimination, Federal Agency Charges - BALTIMORE – Shepherd Electric Co., Inc., a wholesale electrical distributor that...more

EEOC Sues Lakeside Plastics for Racial Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/30/2022

Black Employee Subjected To Hostile Work Environment By Coworker and Fired, Federal Agency Claims - MILWAUKEE – Lakeside Plastics, a manufacturing company that produces traffic safety products, screen printing inks, and...more

EEOC Sues Schuff Steel Company for Race and National Origin Discrimination

U.S. Equal Employment Opportunity Commission... on 9/29/2022

Company Harassed and Retaliated Against African American and Hispanic Employees, Federal Agency Charges - PHOENIX -- Schuff Steel Company, a steel fabrication and erection company, violated federal law by harassing African...more

EEOC Sues R3 Government Solutions for Race Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/27/2022

Federal Contractor Fired Recruiter Because of Her Race and Retaliation, Federal Agency Charged - ALEXANDRIA, Va. – R3 Government Solutions, LLC, a federal contractor that recruits and hires workers for federal jobs,...more

Skils’kin to Pay $100,000 to Settle EEOC Race Discrimination and Retaliation Case

U.S. Equal Employment Opportunity Commission... on 9/13/2022

Employer Racially Harassed Black Employee and Retaliated Against Him for Complaining, Federal Agency Charged - CHEYENNE, Wyo.– Skils’kin, a non-profit focused on disabilities and employment that operates in Washington,...more

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Giertsen to Pay $140,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/2/2022

Construction and Renovation Company Subjected Black Employees to Racial Slurs and Employee Was Fired After Complaining About the Harassment, Federal Agency Charged - MILWAUKEE – A Waukesha, Wisconsin construction and...more

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Hiring & Firing › Retaliation › Race Discrimination

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